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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.
A plaintiff has filed a lawsuit against a collector, accusing it of violating the Fair Debt Collection Practices Act and Regulation F by calling her after she had notified the collector that the only convenient way to contact her was via text message or email, and the resulting calls caused so much anxiety that she needed to consult a spiritual advisor. What is a little interesting about this case is that the plaintiff never answered any of the calls she received that were allegedly made by the defendant — either before or after she sent her notification.
The Background: The plaintiff received seven calls during an eight-day span back in March. After looking up the phone number that was calling her, the plaintiff sent the defendant a letter. The letter said that the plaintiff had conducted “some research” and that her research indicated the number that was calling her was from the defendant. The plaintiff said she was unsure about the debt that the defendant was trying to collect and that she needed proof. She also said she could never be reached by phone and that she worked long hours during the day and couldn’t be reached by phone while at work. The letter included an email address and phone number and said email and text were how she wished to be communicated with. The letter said that not knowing about the debt was causing her stress and that her anxiety was “through the roof.”
- The defendant allegedly made five more calls to the plaintiff in the week after it received her letter.
- The persistent disregard for her communication preferences caused the plaintiff a significant amount of emotional distress and anxiety, which necessitated her “seeking comfort and counsel from a spiritual advisor,” specifically a minister to help her cope.
The Claims: The complaint accuses the defendant of violating Section 1692d, 1692c(a)(1), 1692c(a)(3), and 1692f of the FDCPA and Section 1006.14(h)(1) of Regulation F.
