Consumer Baits Collector to Violate FDCPA, Files Suit

If I did not read this opinion I never would have believed it. In one of the greatest examples of baiting a collector into a violation of the FDCPA, a plaintiff in Missouri decided he was not going to wait for a collector to call him and instead called the collector himself to induce a 1692c(a)(2) violation.

3d handshake dangerousAccording to the opinion, “In mid-June 2014 plaintiff retained an attorney to represent him regarding his debts, including those which defendants are attempting to collect from him. Shortly after retaining legal counsel plaintiff phoned defendant MRG to ask about the debt and to inform MRG that he had retained counsel regarding the debts MRG was trying to collect.”

Because the collector did not immediately end the call at this point and continued to attempt to resolve the account, the court found that the complaint stated a claim for a violation of both 1692c(a)(2) 1692d and 1692f. The fact that the consumer initiated the call did not constitute “prior consent of the consumer” under 1692(c)(a) according to the court.  Worse yet, this same conduct of answering a consumer’s telephone call also stated a claim for harassment and unconscionable means to collect under sections 1692d and 1692f.

The full opinion can be found here.

 

 

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Tom Dominczyk is based in Maurice Wutscher's New Jersey office and supports the firm's matters in its New York and Pennsylvania offices, practicing in the firm's Commercial Litigation, Consumer Credit Litigation and Bankruptcy groups. Tom has successfully represented financial institutions and law firms throughout the country for claims filed under the Fair Debt Collection Practices Act, Fair Credit Reporting Act and various state consumer protection statutes. In addition to his litigation practice, Tom represents national, regional and local creditors in a variety of bankruptcy matters ranging from the defense of adversary actions to complex non-dischargeability litigation and preference defenses. He served as a Judicial Clerk to the Honorable Graham T. Ross, P.J.F.P., Superior Court of New Jersey, Somerset County.