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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 Telephone Consumer Protection Act and Fair Debt Collection Practices Act class-action lawsuit over what appears to be its use of the limited-content message, with the plaintiff claiming the defendant left the message on multiple occasions after requesting that communications be ceased and that the messages were robocalls because the content was identical and “monotone.”
The background: Back in August, the plaintiff started receiving calls from the defendant. The plaintiff answered one of the calls and made a verbal request for the defendant to stop calling her, according to the complaint.
- The defendant allegedly continued making calls, and left prerecorded messages for the plaintiff “most” of the time. The messages were:
- “Hi this is Lisa Williams calling from [defendant]. Please contact me, or any of our representatives at [phone number]. Thank you.”
- It was “clear” that the voicemails used an artificial or prerecorded voice because the messages were all identical, they were all the same duration, they were all made in a monotone voice and were conspicuously not left by a live representative, and none of the voicemails identified the plaintiff by name.
- As a means of comparison, here is the sample limited-content message provided by the Consumer Financial Protection Bureau under Regulation F: This is Robin Smith calling from ABC Inc. Please call me or Jim Johnson at 1-800-555-1212. Look familiar?
- The defendant allegedly placed at least 15 calls to the plaintiff after the plaintiff requested the calls to cease, according to the complaint. On at least four occasions, the plaintiff left a voicemail. The plaintiff, according to the complaint, never consented to receiving the calls.
The claims: The suit accuses the defendant of violating Section 227(b)(1)(A)(iii) of the TCPA, which prohibits using an automated telephone dialing system or an artificial or prerecorded voice to an individual’s cell phone.
- The suit also accuses the defendant of violating Section 1692c(a)(1), 1692d, and 1692d(5) of the FDCPA by harassing the plaintiff through placing calls after the plaintiff had requested communications cease.
- The suit seeks to include anyone who received a call from the defendant on his or her cell phone using an artificial or prerecorded voice that was made without the individual’s consent to collect on a debt.
