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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 collection operation is facing a class-action lawsuit alleging it violated the Telephone Consumer Protection Act by leaving voicemail messages allegedly using a prerecorded voice for someone other than the owner of the phone number where the messages were left. The details of the case aren’t necessarily that unusual, but this is illustrative of the type of TCPA lawsuits that companies in the credit and collection industry are facing today.
The background: The defendant is accused of leaving five voicemails on the plaintiff’s cell phone, spread over a two-month period between November 2025 and January 2026.
- Three of the messages were generic in nature, according to screenshots of transcripts of the voicemails, identifying the name of the defendant and asking the recipient to call a number back to return the message.
- One of the other voicemails did not reference an individual’s name, but did say that the account had been reviewed and was eligible for a settlement discount and asked for a call back to confirm eligibility.
- The fifth voicemail said, “This message is intended for” a name other than the plaintiff’s. The message said that if the person listening to the message was not that person to disconnect and that by continuing, the recipient acknowledged that he or she was that person. The plaintiff and the person named in the voicemail share the same first name, but have different last names.
- The plaintiff never interacted with the defendant in any way, other than receiving the voicemails.
The claims: The complaint accuses the defendant of violating Section 227(b)(1)(A)(iii) of the TCPA by making calls using an artificial or prerecorded voice to a cell phone.
- The complaint also accuses the defendant of violating regulations from the Federal Communications Commission by initiating calls using an artificial or prerecorded voice for which the called party is charged for the calls and for making calls without the prior express written consent of the called party.
- The suit seeks to include anyone else living in the United States who, within the four years prior to the filing of this lawsuit received one or more prerecorded voice calls from the defendant.
