For the second time this week, we have a ruling in favor of a defendant that was sued for responding to a “please only contact me via email” message with a letter, but this time, the judge uses Regulation F to show why the defendant did not violate the Fair Debt Collection Practices Act it was accused of breaking, in a case that was defended by Jacob Bach and Xerxes Martin of Martin Golden Lyons Watts Morgan.
The background: This story starts out the same as most. After reviewing her credit report, the plaintiff mailed a dispute letter to the defendant. In the letter, she told the defendant that the only convenient way to contact her was via email.
- The defendant sent a letter back to the plaintiff that verified the debt.
- The plaintiff filed suit, accusing the defendant of violating Section 1692c(a)(1) of the FDCPA and Section 1006.14(h)(1) of Regulation F.
The ruling: After first establishing that the plaintiff has standing to pursue her case in federal court, Judge Jodi W. Dishman of the District Court for the Western District of Oklahoma turned to the merits of the plaintiff’s argument.
- Following a line of similar rulings, Judge Dishman notes that Section 1692c(a)(1) of the FDCPA does not prohibit any specific medium of communication; it just limits the time and place of those communications.
- But the plaintiff also invoked Regulation F. And there are some exceptions to Section 1006.14(h) that states collectors must not communicate with individuals using a medium of communication that the person has requested the collector not use. Two of the key exceptions tied to this case are:
- If a person initiates contact with a debt collector using a medium of communication that the person previously requested the debt collector not use, the debt collector may respond once through the same medium of communication used by the person;
- If otherwise required by applicable law, a debt collector may communicate or attempt to communicate with a person in connection with the collection of any debt through a medium of communication that the person has requested the debt collector not use to communicate with the person.
- Section 1692g(b) of the FDCPA requires collectors to mail verifications to consumers when those consumers dispute a debt.
