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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.
One of my favorite activities is people watching. It appeals to my nosy and curious nature. Looking at the lawsuits that individuals file against companies in the credit and collection industry is an interesting form of people watching. Sometimes, you read complaints and wonder why this consumer chose to file a lawsuit, because it isn’t the reaction that you would have had. For me, this is one of those cases. A consumer has accused a collection operation of violating the Fair Debt Collection Practices Act by attempting to collect on a debt that the consumer claims he does not owe.
The background: The consumer received three communications from the defendant during the course of a week last September. The plaintiff did not respond to any of the communications. The plaintiff did not dispute or seek verification of the debt after receiving the communications. The plaintiff filed this lawsuit instead.
- The first communication said, “We understand some matters are difficult to discuss. You can review options online anytime for your PayPal account with PayPal, Inc. account at” with a link to the defendant’s portal, along with a reference number and and opt out disclosure.
- The second text message said, “Prefer not to talk? That’s okay. Secure tools are available at [defendant’s portal] to help resolve your PayPal account with PayPal, Inc., account.” The message also included the same reference number as the first message and another opt-out disclosure.
- The plaintiff claims that he does not owe the debt in question, therefore making the attempts to collect on the debt a violation of the FDCPA.
- The complaint does not detail the specific injury that the plaintiff suffered by receiving the communications.
The claims: The suit accuses the defendant of violating Sections 1692e(2)(A), 1692e(5), and 1692e(10) of the FDCPA by making false representations about the character, amount, or legal status of a debt by attempting to collect on a debt that the plaintiff claims he does not owe.
- The suit also accuses the defendant of violating provisions of the Florida Consumer Collection Protection Act.
