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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 claims of violating the Fair Debt Collection Practices Act and Regulation F for sending the plaintiff a text message attempting to collect on an unpaid cell phone debt after the plaintiff had filed for bankruptcy protection.
The background: Back in January 2025, the plaintiff hired an attorney and filed for bankruptcy protection. The plaintiff listed a cell phone debt on his petition.
- Ten months later, the defendant allegedly accessed the plaintiff’s credit report in an attempt to collect on the debt, according to the complaint.
- A month later, in December 2025, the defendant sent the plaintiff a text message attempting to collect on the debt.
- Then, in March 2026, the defendant sent another text message to the defendant, attempting to collect on the debt. The text did not mention the plaintiff by name, but did reference the cell phone provider that was among the debts listed on the plaintiff’s bankruptcy petition.
- After receiving the defendant’s messages, the plaintiff then allegedly had to spend time research his bankruptcy paperwork to ensure he had listed this debt, and then call his attorney to ensure the debt had been included in his filing. The call was made on the plaintiff’s cell phone, which drained his battery.
- He also took time to obtain and review his credit reports to investigate whether the debt was being reported by the defendant on his credit report.
- The day before filing this suit, the defendant’s attorney sent the defendant a letter, instructing the defendant that the plaintiff was represented by an attorney and directing the defendant to forward all communications to the attorney’s office. The letter requested that all communications be ceased. The letter did not reference that the plaintiff had filed for bankruptcy protection.
The claims: The lawsuit accuses the defendant of violating Sections 1692c, 1692d, 1692e, and 1692f of the FDCPA, and Sections 1006.6(b)(2), 1006.18(a), 1006.18(b)(2), 1006.18(c)(1), 1006.18(c)(2), 1006.18(d), and 1006.30(b)(1) of Regulation F.
