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Harley Davidson Financial Services TCPA Class Action Summary:
- Who: The girlfriend of a man who financed a Harley Davidson through Harley Davidson Financial Services is suing the company
- What: She says Harley Davidson Financial Services violated consumer protection laws by repeatedly calling her to recover her boyfriend’s debt
- Where: She’s looking to represent a Class of people in Texas.
It wasn’t even her Harley, but a Texas woman says debt collectors illegally called her at least 30 times when her boyfriend got behind on the payments for his Harley Davidson, according to a new class action lawsuit.
Lead plaintiff Candace D. Arledge filed the class action complaint against Harley Davidson Financial Services Oct. 27 in a Texas federal court, alleging violations of the Telephone Consumer Protection Act (TCPA), a law enacted to protect Americans from unwanted calls and texts.
Harley Davidson Financial Called Non-Loan Holder 30 Times, Claims Class Action
Arledge says her boyfriend, Leslie Flores, financed a motorcycle from Harley Davidson Financial Services.
While she was not a co-borrower on the loan, in May 2021, she started to receive collection calls to her cellphone from the company, which was seeking to collect on a past due payment from Flores.
At first, she would answer the telephone calls and advise that Flores was only a few days late and would be making a payment soon, and to therefore stop calling her.
“Nevertheless, Defendant continued to contact Plaintiff seeking payment on the subject debt.
Each time Flores was a few days late on payment of the subject debt, the collection efforts to Plaintiff would begin, despite Plaintiff’s repeated requests to stop calling her,” the class action lawsuit alleges.
The company would also allegedly bombard her with pre-recorded messages. Arledge says, despite asking the company to stop calling her, it would not.
“Plaintiff’s request fell on deaf ears and Defendant continued placing harassing collections calls,” the lawsuit says.
“In total, Defendant placed no less than 30 harassing phone calls, including pre- recorded messages to Plaintiff after Plaintiff initially requested that Defendant cease contact with her.”
The “harassing” phone calls severely disrupted Arledge’s everyday life and overall well-being, she says.
As a result, she’s suing under the Texas Debt Collection Act and the TCPA and asking for up to $1,500 per call in damages from the financing company. Arledge is looking to represent anyone in Texas who had similar calls from the defendant without their consent.
She’s seeking fees, costs, an injunction and a jury trial.
Harely Davidson recently settled a 2019 class action lawsuit alleging that the brakes on certain bikes made between 2008 and 2010 were defective.
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Arledge is represented by Marwan R. Daher and Mohammed O. Badwan of Sulaiman Law Group, Ltd.
The Harley Davidson TCPA Class Action Lawsuit is Arledge et al., v. Harley Davidson Financial Services., Case No. 1:21-cv-00974-LY, in the U.S. District Court for the Western District of Texas Austin Division.
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