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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 creditor is facing claims it violated the Rosenthal Fair Debt Collection Practices Act and the Telephone Consumer Protection Act because it continued to contact the plaintiff after he had revoked consent to be contacted on his cell phone. The creditor is accused of making more than 150 calls to the plaintiff after the plaintiff revoked consent on three separate occasions.
The background: The plaintiff obtained a credit card from the defendant, and at some point, was no longer able to make payments. The defendant began calling the plaintiff to collect on the unpaid debts.
- On three separate occasions — November 2024, January 2025, and March 2025 — the plaintiff sent letters to the defendant revoking consent to be contacted on his cell phone.
- The defendant allegedly continued to make calls and leave pre-recorded messages, according to the complaint.
- The letters that were sent also informed the defendant that the plaintiff was being represented by an attorney, yet the defendant continued to attempt to communicate directly with the plaintiff, according to the complaint.
The claims: The complaint accuses the defendant of violating several sections of the RFDCPA, including contacting an individual who was being represented by an attorney, and engaging in behavior that was intended to harass or annoy the plaintiff.
- The complaint also accuses the defendant of violating provisions of the TCPA by contacting the plaintiff after he had withdrawn consent to be contacted on his cell phone, using a pre-recorded voice when leaving messages, and making multiple calls on the same day to the plaintiff.
- The complaint also accuses the defendant of violating state law in California by invading the plaintiff’s privacy.
