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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.
There is a new addition to the list of reasons consumers give collectors why they are not going to pay a debt, and it has nothing to do with anything the collector did. A collector is facing a Fair Debt Collection Practices Act lawsuit in the District Court for the Middle District of Florida for sending a text message and an email after the plaintiff indicated she was unwilling to pay the debt, albeit for an interesting reason.
The background: Last month, the defendant sent a text message to the plaintiff attempting to collect on the debt in question. The same day, the plaintiff responded to the text with a message of her own, stating, “I’m not paying this. The interest rate was stupid.”
- The next day, the defendant allegedly replied to the plaintiff with another text message, saying, “Dear [plaintiff’s name], We’re contacting you from [defendant] about your account (Ref:4542010)… … This is an attempt to collect a debt, and any information will be used for that purpose. Thank you.”
- A week later, the plaintiff allegedly received an email from the defendant also attempting to collect on the debt.
The claims: The plaintiff is alleging the defendant violated Section 1692c(c) of the FDCPA by communicating with her after she notified the defendant in writing that she refused to pay the debt.
- The plaintiff claims to have suffered actual damages in the form of having her privacy invaded, as well as suffering from anger, anxiety, decreased productivity at work, frustration, and other negative emotions.
- The plaintiff is seeking actual and statutory damages as well as reasonable attorney’s fees.
