Man Files Wrong Number TCPA Lawsuit Against Debt Collection Company

An Illinois man recently filed a TCPA lawsuit against Direct Recovery Services, alleging that the debt collection company called him repeatedly, in violation of consumer protection laws, in an attempt to collect someone else’s debt.

The plaintiff, Chris C., alleges in his lawsuit that Direct Recovery Services “routinely violates” the Telephone Consumer Protect Act, using an auto dialing system and robocall messages to contact consumers without obtaining prior express consent. These actions naturally result in the harassment, oppression, or abuse of consumers in the attempt to collect debts.

In Chris’s specific case, despite Direct Recovery Services (DRS) calling him repeatedly using an autodialer in violation of consumer protection laws, he was not actually the debtor the company was trying to contact. In fact, Chris was not a customer with DRS. The messages left on his phone said they were attempting to speak to a “Wilma Williams” over an alleged debt.

Chris received more than a dozen calls from DRS between December of 2018 and October of 2019. In the spring of 2019, Chris called DRS and informed the company via voice message that it was calling the wrong number, and shortly thereafter followed up and asked to speak to a live representative. However, this didn’t actually stop the calls placed to his phone number. He spoke to a live representative again, informing them of the same thing, and asked that the company stop calling him.

The calls continued until at least Oct. 2019.

Chris filed his TCPA lawsuit against Direct Recovery Services, along with its owner and manager, Elle Gusman. The lawsuit was filed on Jan. 29, 2020, in the U.S. District Court for the Southern District of Illinois. It was filed as a class action lawsuit, on behalf of two main groups of people: those who were contacted with an autodialer system or artificial or prerecorded voice without their prior express consent, in violation of the TCPA; and a group who were contacted in this way despite their not being the person who actually owed the debt, that is, theirs was a wrong number.

Filing a TCPA Lawsuit

More and more consumers across the United States are turning to litigation over spam texting, autodialers, and robocalls. The New York Times reports that more than 48 billion robocalls were placed in 2018 in the U.S., a huge increase from the prior year.

If you have been hit with autodialer calls or spam texts that you did not give your prior consent to receive, even if those messages appear to be intended for someone else and it was sent to the wrong number, you may be able to file a TCPA complaint and pursue compensation.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

The TCPA Lawsuit is Case No. 3:20-cv-00121-RJD, in the U.S. District Court for the Southern District of Illinois.

Join a ‘Wrong Number’ Robocall TCPA Class Action Lawsuit Investigation

If you received cellphone calls meant for someone else, you may qualify to participate in a wrong number class action lawsuit investigation, and you may be entitled to compensation under a federal law called the Telephone Consumer Protection Act (“TCPA”).

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This article is not legal advice. It is presented
for informational purposes only.