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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.
Two separate collection operations are both facing class-action Fair Debt Collection Practices Act lawsuits in Florida for allegedly communicating with consumers outside of the window allowed by the FDCPA, and both cases involve digital communications.
The Background: In one case, the plaintiff received a text message from the defendant, and in the other, the offending communication was an email. Both were communications to attempt to collect on a debt.
- The text message offered to settle the $1,786.20 balance for $884.10
- The other email requested payment in full for a debt of $1,724.22 or asked the plaintiff to make contact with the defendant to discuss alternate payment arrangements.
- The text was allegedly sent and received by the defendant at 11:18pm in the plaintiff’s time zone. The second email was allegedly sent and received by the defendant at 10:17pm in the plaintiff’s time zone.
- The first suit seeks to include anyone in Lee County, Florida who received a text message from the defendant after 9pm and before 8am in connection with the collection of a debt.
- The second suit seeks to include anyone in Florida who received an email from the defendant after 9pm and before 8am in connection with the collection of a debt.
The Claims: Both suits accuse the defendants of violating Section 1692c(a)(1) of the FDCPA by allegedly attempting to communicate with the plaintiffs after 9pm local time at the consumer’s location.
- The two suits also accuse the defendants of violating a section of the Florida Consumer Collection Practices Act that prohibits collectors from communicating with consumers between 9pm and 8am in the debtor’s time zone without the debtor’s prior consent.
