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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.
Writing about complaints is never an attempt at shaming or calling out a defendant. In most cases, this one included, it’s an attempt to show others in the industry what to be on the lookout for, to hopefully prevent someone else from being sued for something similar. This case is about the language that consumers are using to opt out of communications or to request communications be ceased.
The background: Last July, the plaintiff received a text message from the defendant. The defendant identified itself as a debt collector, that it was attempting to collect on a debt, and that any information obtained would be used for that purpose. The plaintiff was informed that the amount of the debt was $237.20.
- Six weeks later, the plaintiff responded to the text message, “expressly” stating that she was not willing to make any payments. She did this by saying, “I will be passing on all payments.”
- This, according to the complaint, was the plaintiff requesting that all communications be ceased.
- Three months later, in December, the defendant allegedly placed a phone call to the plaintiff attempting to collect on the same debt, according to the complaint.
- That the defendant “persistently disregarded” the plaintiff’s wishes caused the plaintiff to suffer anger, frustration, a decreased ability to focus on work, severe emotional distress, and other physical and emotional symptoms, including headaches, according to the complaint.
The claims: The complaint accuses the defendant of violating Section 1692c(c) of the Fair Debt Collection Practices Act by failing to cease communications after receiving written notice from the plaintiff that she refused to pay the alleged debt that the defendant was trying to collect.
