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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.
Anyone who knows me or has read or seen any of the content that I have produced over the years knows that my vibe is on the casual/informal side. It can be difficult, sometimes, because lawsuits are never a joking matter. So I say this firmly with my tongue planted inside my cheek — I kind of think this suit is more of mom and dad’s fault than it is the defendant’s. A collection operation is being accused of violating the Fair Debt Collection Practices Act because it sent a series of emails to the plaintiff’s sister, whose name is only one letter different from the plaintiff.
The background: On four separate occasions back in January, the plaintiff’s sister, named Kierra, received emails that were intended for the plaintiff, whose name is Tierra. The content of the emails referenced that they were intended for Tierra, but the emails were allegedly sent to Kierra. The complaint does not include the email addresses that the emails were sent to or the plaintiff’s email address, which may help provide some additional context to the situation, but does mention that the email address for the plaintiff’s sister contains her full first and last name “and therefore is readily identifiable as belonging to someone other” than the plaintiff.
- Each of the emails that were sent to the plaintiff’s sister included the amount of the debt, the account number, the name of the original creditor, and additional information and details about the debt.
- [EDITOR’S NOTE: The cynic in me noticed that this could be a pretty good scam that siblings could run. I’m not accusing anyone in this case of it. But if you and a sibling had similar names, you could fill out information with your sibling’s email address — and vice versa — and have ready-made third-party disclosure lawsuits all day long. Anyone who has watched a sitcom involving twins has seen this episode where they conspire to confuse people.]
The claims: The suit accuses the defendant of violating Section 1692c(b) of the Fair Debt Collection Practices Act for contacting a third party and stranger to the debt without a statutorily authorized justification.
- The defendant’s actions caused the plaintiff to suffer mental anguish and emotional distress, which were manifested by symptoms including, but not limited to, stress, anxiety, worry, restlessness, irritability, embarrassment, loss of sleep, feelings of hopelessness, and helplessness impacting her job and personal relationships, according to the complaint.
