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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.
This is something that comes up often during webinars on the topic of digital communications, especially those made via email and text messaging. A collection operation is facing claims it violated the Fair Debt Collection Practices Act by not honoring a request from the plaintiff to cease communications that was sent via text message because, according to the complaint, the defendant did not monitor inbound messages it received.
The background: The plaintiff received a text message from the defendant back in September that attempted to collect on an unpaid medical debt in the amount of $1,566. The plaintiff allegedly responded to the text with a message stating, “I refuse to Pay this debt.”
- A month later, the defendant allegedly sent another text message to the plaintiff that attempted to collect on the same debt. This time, the message stated that the defendant did not monitor for inbound messages and that the plaintiff could call the defendant or visit a website for more information.
- When visiting the website or calling the number, the individual is informed that the defendant is a debt collector and that the visit/call is an attempt to collect on a debt.
- Learning this, the plaintiff suffered from anger, anxiety, decreased ability to focus on tasks, and frustration, among other negative emotions.
The claims: The lawsuit accuses the defendant of violating Section 1692c(c) of the FDCPA by intentionally communicating in connection with the collection of a debt after being notified by the plaintiff in writing that he refused to pay the alleged debt.
- The plaintiff is seeking actual and statutory damages.
