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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 collection operation is facing a lawsuit for violating the Fair Debt Collection Practices Act because it allegedly told the plaintiff that the debt in question would be reported to the credit reporting agencies, but nothing showed up on the plaintiff’s credit report, and for leaving blank voicemails on the plaintiff’s phone.
The Background: Starting last month, the plaintiff began receiving calls to his cell phone, according to the complaint. When the plaintiff answered the calls, there was nothing on the other line. When the plaintiff did not answer the calls, a blank voicemail message of between four and 11 seconds was left on his phone.
- When the plaintiff called the number that had called him, an automated message said that he had contacted the defendant.
- The plaintiff called the defendant on May 21 and spoke to a representative. The representative confirmed the calls were in regard to a debt that was allegedly owed to a previous landlord and that the defendant’s automated system was calling his phone.
- The representative also informed the plaintiff that the account was being reported to the plaintiff’s credit report. The plaintiff allegedly checked his credit report and did not see a collection account from the defendant on it.
- The plaintiff continues to receive phone calls and blank voicemails, according to the complaint.
- The plaintiff claims to have suffered anger, anxiety, emotional distress, fear, and frustration as a result of the “abusive invasions of personal privacy.”
The Claims: The complaint accuses the defendant of violating Sections 1692d, 1692e(5), and 1692e(6) of the FDCPA.
