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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 claims it violated the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act by placing calls and leaving prerecorded voicemail messages on a consumer’s cell phone after she requested the defendant stop making collection calls.
The background: The plaintiff was diagnosed with cancer, and as a result of the ensuing medical bills, was unable to make payments on a loan. The account was placed with the defendant, who started making calls to the plaintiff.
- During one of the calls, the plaintiff requested the defendant cease “its harassing collection calls,” according to the complaint.
- The defendant not only allegedly continued to place calls, but also allegedly told the plaintiff that the calls would not cease until the plaintiff made payments toward the loan, according to the complaint.
- The plaintiff claims not to have received a letter or receipt from the defendant.
- Along with placing the calls, the defendant also left “numerous” prerecorded voicemails on the plaintiff’s cell phone after the plaintiff requested the calls stop.
The claims: The complaint accuses the defendant of violating Section 227(b)(1)(A)(iii) of the TCPA by placing no less than four non-emergency calls to the plaintiff’s cell phone using an artificial or prerecorded voice which automatically played upon the call reaching the plaintiff’s voicemail.
- The defendant is also accused of violating Section 1692c(a)(1) of the FDCPA by making at least 67 calls to the plaintiff after she had requested the calls be stopped, which made the calls inconvenient.
- The complaint also alleges the defendant violated Sections 1692d and 1692d(5) of the FDCPA because the 67 calls that were placed were “inherently harassing and abusive.”
