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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.
This. This case. This is the reason why I think so many companies are afraid of rolling out digital communications to consumers. A collection operation is facing a Fair Debt Collection Practices Act lawsuit for sending two text messages to the plaintiff because the messages did not disclose the identity of the defendant, did not disclose the messages were an attempt to collect on a debt, and because the plaintiff did not provide consent to have her telephone number used to communicate about the alleged debt.
The Background: Over the span of two days in June 2023, the plaintiff received two identical text messages from a number that allegedly belonged to the defendant. The messages said:
- “This is an attempt to collect a debt and any information obtained will be used for that purpose. GONZALEZ DESTINY we have a Time Sensitive personal business matter that merits your attention. Please call us at (888) 479-4384. Reply STOP to opt out.”
- Receiving the text messages caused the plaintiff to experience anger, stress, worry, frustration, embarrassment, and emotional distress. The defendant’s actions allegedly constituted an invasion of the plaintiff’s privacy.
The Claims: The plaintiff is accusing the defendant of violating Section 1692d(6) of the FDCPA by sending text messages to the plaintiff without disclosing the identity of the defendant.
- The plaintiff is also accusing the defendant of violating Section 1692e(11) of the FDCPA by failing to disclose the defendant was attempting to collect a debt and that any information obtained will be used for that purpose, and that the communication was coming from a debt collector.
- Finally, the plaintiff is accusing the defendant of violating Section 1006.6 of Regulation F by sending text messages to the plaintiff without receiving directly from the plaintiff her prior consent to use the telephone number to communicate with her about the alleged debt.
