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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.
Does a refusal to pay a debt owed to a specific creditor apply to debts that are owed to other creditors? One plaintiff thinks so and has filed a lawsuit in New York federal court accusing a collection operation of violating the Fair Debt Collection Practices Act.
The background: Back in March, the plaintiff sent a letter to the defendant. The letter was a response to a collection attempt regarding a debt that was owed to a healthcare facility. The letter the plaintiff sent stated, “After careful consideration of the circumstances, I have concluded that I refuse to pay this debt. This refusal includes any and all alleged debts that you may have in my office under my name.”
- In September, the plaintiff received another letter from the defendant, this time attempting to collect on a debt owed to a different creditor.
- Receiving the second letter caused the plaintiff to suffer from emotional distress because she can no longer “trust that her clearly stated boundaries will be respected,” according to the complaint. It also exacerbated a pre-existing anxiety diagnosis for which the plaintiff was taking medication. Her anxiety “peaks whenever receiving letters from Debt Collectors,” according to the complaint. The actions of the defendant also invaded the plaintiff’s privacy and interfered with her solitude.
The claims: The complaint accuses the defendant of violating Section 1692c(c) of the FDCPA by continuing to attempt to collect a debt from the plaintiff after the plaintiff notified the defendant in writing that she refused to pay the alleged debt.
- The complaint also accuses the defendant of violating state law in New York by engaging in deceptive acts and practices when it ignored the plaintiff’s cease communication demand.
