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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 complaint might win the award for the shortest recitation of facts that led to the lawsuit being filed. It’s also a stark reminder of the strict liability-ness of the Fair Debt Collection Practices Act and that anybody can be sued for just about anything. It’s also more evidence of how consumers are attempting to restrict communication attempts from collectors and begs the question: was there any other reason to file this other than trying to avoid paying this debt?
The background: Back in late June, June 25 to be exact, the plaintiff sent a letter to the defendant, which it received on July 1, according to the complaint. The letter stated, “I’m not able to talk on the phone Monday-Friday. If you need to reach out to me, please only communicate with moe on the weekends4 PM-6 PM…” (Editor’s note: I’m not sure why the complaint uses an ellipsis there. If there was more to the letter, it wasn’t mentioned in the complaint or attached as an exhibit)
- On July 10 — a Thursday — the defendant allegedly call the plaintiff and attempted to collect on the debt.
- That one phone call has caused the plaintiff to suffer from frustration, anxiety, and loss of sleep, which has negatively impacted her daily performance, according to the complaint.
- The alleged failure to comply with the requirements of the FDCPA “resulted in continued harassment and caused undue emotional distress for Plaintiff,” according to the complaint.
The claims:The complaint includes a single count — accusing the defendant of violating Section 1692c(c) of the FDCPA by communicating with the plaintiff at a “known inconvenient time.”
- The complaint seeks statutory damages and attorney’s fees.
