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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 Fair Debt Collection Practices Act class-action lawsuit in California for continuing to send text messages to a consumer after the consumer allegedly sent the defendant a cease communication request.
The background: On April 7, the defendant allegedly sent the plaintiff a text message attempting to collect on an unpaid debt. The plaintiff allegedly responded to the text message with “Stop”, indicating he no longer wished to receive communications from the defendant.
- The defendant allegedly sent the exact same text message on April 8, April 9, April 10, and April 13, according to the complaint.
- Receiving the text messages annoyed, frustrated, and angered the plaintiff, according to the complaint, who also had to deal with a depleted phone batter and additional electrical expenses and wear and tear on his phone and battery.
The claims: The complaint accuses the defendant of violating Section 1692c(c) of the FDCPA for sending text messages after the plaintiff notified the defendant that they wished for further communications to be ceased. The complaint also accuses the defendant of violating Section 1788.17 of the RFDCPA, which incorporates Section 1692c(c) of the FDCPA.
- The suit seeks to include two classes of individuals: one under the FDCPA and one under California’s Rosenthal Fair Debt Collection Practices Act who received text messages from the defendant within the one-year prior period of the filing of the complaint after the individuals had previously communicated in writing a refusal to pay the debt and/or requested the defendant cease further communication.
