Woman Files Debt Collection Calls Lawsuit, Says DCI Called on Wrong Debt

An Indiana woman is filing a debt collection calls lawsuit against a company who allegedly illegally placed calls to her attempting to collect a debt.

Plaintiff Marjorie H., of Indiana, has filled a debt collection calls lawsuit against Diversified Consultants (DCI) claiming that the collection agency illegally placed calls to her attempting to collect on an alleged AT&T debt.

The $495 debt that Diversified Consultants was attempting to collect through a series of debt collection calls allegedly belonged to her husband John H. She says she began receiving debt collection calls in February 2018, but she claims that neither she nor her husband have ever been customers of AT&T.

She and her husband were both confused as to why they would be receiving debt collection calls on a debt that they were sure they did not owe.

This Indiana debt collection calls lawsuits claims, “Immediately after the calls began, [Marjorie] answered a call from DCI and requested they stop contacting her on her cellular phone, as she was not John.. and her and her husband never used AT&T’s cellular services.”

She claims in this debt collection calls lawsuit that even though she promptly asked DCI to stop calling her cell phone, they continued to make debt collection calls to her several times each week. She claims that she was “frustrated by the Defendant’s failure to cease placing calls to her cellular phone,” and that she “answered another phone call from the Defendant and again requested it to ‘stop calling’.”

Marjorie says that at least four more times, she verbally requested that Diversified Consultants stop calling her, but they continued to place illegal debt collection calls to her cell phone.

This debt collection calls lawsuit in Indiana states, “Notwithstanding [Marjorie’s] request that [DCI] cease placing calls to her cellular phone, [DCI] placed or caused to be placed no less than 41 harassing phone calls to [Marjorie’s] cellular phone between February 2018 and the present day.”

She also says that, on the calls, she was greeted by “dead air” which indicated to her that the calls were being placed by an automated dialing system. Additionally, she says there was approximately a three-second lag time between the time Marjorie said “hello” and a live agent was on the phone.

Even when Marjorie asked that the debt collection calls cease, she claims they continued to call. She believes that DCI intentionally abused and harassed her many times by calling several times in a single day and on days that fell back to back with each other.

Marjorie claims that behavior like this is not only unacceptable, but it is in violation of federal law. Federal law prohibits debt collectors who do the following:

• Sending letters that may be confusing.
• Communicating with 3rd parties
• Making threats to potential debtors.
• Any kind of harassment.
• Adding fees and collection charges.
• Calling frequently, or very early or very late
• Making automated robocalls.
• Collecting on old debts.

Marjorie’s Debt Collection Calls Lawsuit is Case No. 3:18-cv-00312-PPS-MGG in the United States District Court for the Northern District of Indiana.

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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.