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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.
Off the bat, based on the complaint, this seems to be one of those cases that is definitely neither black nor white, and given the topic for today’s webinar, it seems incredibly appropriate. A collection operation is being accused of violating Regulation F and the Fair Debt Collection Practices Act because it appeared to attempt to collect different healthcare debts via text message and send a Model Validation Notice after the plaintiff requested communications to cease.
EDITOR’S NOTE: Today’s webinar topic happens to be “How to Make Sure You Are Marking Accounts as Ceases and Disputes Properly.” Register by clicking here.
The background: On December 13, the plaintiff received a text message from the defendant, attempting to collect on what appears to be a healthcare debt, with the account number ending in 1969. The plaintiff responded, “[Defendant], a debt collector, I want you to know unequivocally I refuse to pay this debt. date december thirteen two thousand twenty four.”
- On January 17, the plaintiff received another text message from the defendant, attempting to collect on a debt owed to the same creditor, but this time with an account number ending in 9400. The plaintiff responded, “[Defendant], a debt collector [plaintiff] here. I want you to know unequivocally that I refuse to pay this debt and any other debts in my name that you have in your office or in your files. Date 01-18-2025.”
- A week later, the plaintiff received another message from the defendant, attempting to collect on a debt owed to the same creditor, but this time with an account number ending in 5057. The plaintiff did not respond to this message.
- In February, the plaintiff received one more text message, this one attempting to collect on the debt for the account ending in 1969. The plaintiff did not respond to this message.
- The plaintiff received one more communication from the defendant — a Model Validation Notice for the debt ending in 9400.
- The plaintiff claims the defendant’s actions have invaded his privacy, caused him emotional distress, mental anguish, stress, anxiety, anger, frustration, and humiliation.
The claims: The complaint accuses the defendant of violating Section 1692c(c) of the FDCPA and Section 1006.6(c)(1) of Regulation F by continuing to attempt to collect on a debt after being notified in writing that the plaintiff refused to pay the alleged debt.
Learn more. See the communications
