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DISCLAIMER: This article is based on a complaint. The defendant has not responded to the complaint to present its side of the case. The claims mentioned are accusations and should be considered as such until and unless proven otherwise.
Word choices matter. There is a difference, for example, between a consumer refusing to pay a debt and a consumer informing a debt collector that he or she no longer wishes to receive communications via a specific channel. It appears as though that may be the crux of this Fair Debt Collection Practices Act case.
The Background: The plaintiff received two text messages from the defendant, attempting to collect on the alleged debt. The text messages were sent about six days apart from one another.
- Four days after receiving the second message, the plaintiff sent a response to the defendant. In a text message, the plaintiff indicated that he was refusing to pay the debt.
- The defendant responded saying that the plaintiff had successfully unsubscribed and would no longer receive messages. The defendant also included a phone number in its message, saying the plaintiff could call it for customer service.
- Three months later, the defendant sent the plaintiff an email, making a settlement offer on the debt.
The Claim: The plaintiff filed this lawsuit, accusing the defendant of violating the FDCPA and the Florida Consumer Collection Practices Act by communicating with the plaintiff after receiving a notification that the plaintiff no longer wanted to be contacted about the debt.
- The defendant had no legal right to continue to communicate with the plaintiff after the plaintiff refused to pay the debt.
- The complaint accuses the defendant of violating Sections 1692c, 1692c(c), 1692d, 1692e, 1692f, and 1692f(1) of the FDCPA along with violating Regulation F.
- The complaint also accuses the defendant of violating a provision of the FCCPA.
