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Woman Files Suit After Receiving Vulgar Text Messages Following Collection Call

A Florida woman has filed a lawsuit against New Penn Financial, which is doing business as Shellpoint Mortgage Servicing, alleging that an employee of the company sent her text messages using vulgar language as a means of inducing her to make a payment on her mortgage.

The company is accused of violating the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act, and the Florida Consumer Collection Practices Act.

“Bitch, don’t you EVER talk to me like that! Pay your f**** bills HOE!!,” said one of the messages received by the plaintiff, according to the lawsuit, which was filed last week in the District Court for the Southern District of Florida. A copy of the lawsuit in the case of Scarlett Watts v. New Penn Financial, d/b/a Shellpoint Mortgage Servicing can be accessed here.

That message was one of three that allegedly came from the defendant or an employee at the company, according to the lawsuit. Two of the messages used vulgar language when referring to an inability of the defendant to make payments on unpaid debts.

The plaintiff alleges the defendant violated the TCPA by contacting her on her mobile phone without receiving prior expressed consent. The FDCPA violations are Section 1692(d), harassing an individual, Section 1692(d)(5), causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number, and Section 1692(f), using unfair and unconscionable means to collect or attempt to collect any debt.

 

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