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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.
Don’t call us, we’ll call you. We’ve all heard it, and a lot of us have probably said it. But what should you do when a consumer tells you this? And how do you interpret someone telling you it’s not a good time when you call them, but calling you right back when the call gets disconnected? A collection operation is facing a Fair Debt Collection Practices Act lawsuit because it allegedly failed to honor a request from the plaintiff that she not be contacted while at work.
The background: Last month, the plaintiff received a call from a representative of the defendant. During the call, according to the complaint, the plaintiff informed the defendant that she was at work, that her employer prohibited personal calls, and that she did not finish work until 6pm.
- The call then disconnected, at which point the plaintiff called the defendant back. She informed the representative that calls received during the day were not a good time for her. The representative asked if the defendant could call her back later, and the plaintiff said she would contact them at a later time.
- Eight days later, the defendant contacted the plaintiff again, with the phone call being made at 5:41pm.
The claims: The plaintiff is accusing the defendant of violating Sections 1692c(a)(1) and 1692c(a)(3) of the FDCPA because it allegedly contacted the plaintiff at a time when the consumer had indicated it was inconvenient to be contacted.
- The defendant’s actions cause the plaintiff undue stress, emotional distress, and disrupted her ability to perform her job duties, which created a hostile and oppressive environment, according to the complaint.
