FDCPA Lawsuit Filed Following Unwanted Contact

A New Jersey resident filed a lawsuit against a debt collection law firm accusing it of violating the Fair Debt Collection Practices Act.

Plaintiff Nicole T. filed the FDCPA lawsuit against Allied Interstate LLC at the end of January. Allied, a third-party debt collection law firm, allegedly began contacting Nicole in October using an automatic telephone dialing system in an attempt to collect.

Nicole claims she never gave Allied her phone number, making their contact allegedly debt collection abuse. All debt collection law firms or anyone who contact an individual using an automatic telephone dialing system must receive “prior express consent.” (It is the responsibility of the creditor to prove that a consumer did give them consent to contact them by phone or text.)

Furthermore, Nicole requested that these telephones call stop because they were “inconvenient,” according to the FDCPA lawsuit. When Allied failed to cease calling her, she called the continued calls were “harassing and annoying.”

Allied’s method of attempting to collect the plaintiff’s debt is an unfair debt collection practice, according to the FDCPA lawsuit, and a FDCPA violation. The FDCPA lawsuit lists several provisions that Allied allegedly broke.

In addition, Nicole alleges the company violated the Telephone Consumer Protection Act (TCPA), which protects individuals from unwanted phone calls or text messages from companies or third-parties.

Debt Collection Abuse

Nicole is one of many individuals who have claimed a debt collection agency violated the Fair Debt Collection Practices Act. Some individuals have allegedly received letters attempting to collect a debt that has already been paid. Other individuals have reportedly received consistent communications even after they requested that all communications cease (which debt collection law firms and other agencies are obligated to obey under the FDCPA).

Other FDCPA violations may include:

• False statements and deceptive practices
• Threats of lawsuits or arrest
• Abusive language
• Threatening or deceptive letters
• Telephone calls early in the morning or late at night
• Robocalls to your cell phone
• Communicating with third parties about your debt
• Collection of expired debts
• Attempts to collect debt that has already been discharged or settled
• Attempts to collect a debt you do not owe
• Improper debt collection after bankruptcy
• Failing to cease communications upon a written request to do so
• Reporting false information on your credit report

If a company is found guilty of unfair debt collection practices, they may be held liable for $1,000 for each FDCPA violation in addition to other damages.

This FDCPA Lawsuit is case No. 2:15-cv-00658, in the U.S. District Court for the District of New Jersey.

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If a lender or debt collector engaged in unfair debt collection practices, you may have a legal claim and could be owed compensation for violations of the Fair Debt Collection Practices Act (FDCPA).

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DISCLAIMER: Debt collection itself is not illegal. However, debt collection firms collecting on consumer debts must adhere to the FDCPA. Even though debt attorneys are investigating these companies, their debt collection practices may be legal.