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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 case is interesting because it’s one of the first ones that I have seen the invokes the use of artificial intelligence as a potential violation of the Telephone Consumer Protection Act. A creditor is facing claims it violated the Fair Debt Collection Practices Act and the TCPA because it made phone calls, and sent letters, text messages, and emails to a consumer whose attorney had allegedly notified the creditor that the consumer was represented and that the consumer wished the creditor would cease communications.
The background: Back in February, the plaintiff’s attorney sent the defendant a letter, notifying the defendant that the plaintiff was represented by an attorney, requesting that communications with the plaintiff be ceased, and that the plaintiff was disputing the debt.
- The defendant allegedly made 79 attempts to contact the plaintiff after the letter was received. Those attempts were made by phone, email, mail, and/or SMS, according to the complaint. (EDITOR’S NOTE — Why and/or? Wouldn’t it be clear whether the plaintiff received a text message or not?)
- When receiving calls from the defendant, the plaintiff encountered “delays and clicking sounds,” which allegedly indicated that the defendant was using an automated telephone dialing system to make the calls. As well, the defendant allegedly experienced silent calls and received “rapid, successive calls,” which also indicated the use of an ATDS.
- Voicemails that were left for the plaintiff were made using a “robotic” voice, according to the complaint.
- On top of that, the plaintiff “experienced unnatural cadence or tone, lacking the typical inflections and variations associated with human speech during calls, which are indicative of the use of AI” by the defendant, according to the complaint. There were also inappropriate pauses, mispronounced common words, a monotone pitch, non-sensical responses, repetitive statements, and an inability to answer questions, according to the complaint.
The claims: The complaint accuses the defendant of violating Sections 1692c(a)(2), 1692c(c), 1692e, 1692f, and 1692g of the FDCPA. The complaint also accuses the defendant of violating sections of the Rosenthal Fair Debt Collection Practices Act, and Sections 227(b) of the TCPA.
