The Court of Appeals for the Second Circuit on Friday affirmed the dismissal of a Fair Debt Collection Practices Act lawsuit filed against a debt collection company that was centered around alleged improper communication practices by the defendant after the plaintiff requested a cease in communication regarding an outstanding debt.
The background: The plaintiff alleged the defendant violated the FDCPA and New York state law by not honoring her request to cease communications about the debt because it continued to furnish information about the debt to the credit reporting agencies.
- The plaintiff argued that this action constituted a violation of the FDCPA, specifically Section 1692c(c), which prohibits further communication with a consumer after receiving a written request to cease communication.
The ruling: The appeals court, reviewing the district court’s decision, agreed that the plaintiff had not provided sufficient evidence to support her claims. The court emphasized that reporting to credit reporting agencies is not prohibited under the FDCPA, provided that the collector includes a notice of dispute, which the defendant had done. Furthermore, the plaintiff’s argument that such reporting constituted indirect communication with her was rejected, as it fell within the permissible activities outlined in the FDCPA.
- The court also noted that the defendant had substantiated the debt after receiving the plaintiff’s cease communication letter, which complied with the FDCPA as well.
- The plaintiff’s additional claims of harassment and deceptive practices were dismissed for lack of supporting evidence. As a result, the court upheld the district court’s decision to dismiss the case in its entirety.
