FDCPA Suit Over Text Messages Includes Reference to Reg F

Before uncovering what is believed to be the first lawsuit alleging a debt collector violated Regulation F, I came across another complaint which references the debt collection rule, but, in this case, the alleged illegal activity took place before the rule went into effect.

A complaint has been filed against a debt collector for allegedly violating the Fair Debt Collection Practices Act for sending text messages to the plaintiff after the plaintiff had asked for them to stop being sent and because a representative of the defendant allegedly replied back to the cease and desist request saying that communication efforts could not be stopped. This complaint was identified via a search of the database compiled and maintained by WebRecon.

A copy of the complaint in the case of Clark v. Global Solution Biz LLC, filed in the District Court for the Northern District of Illinois, Eastern Division, can be accessed by clicking here.

Over the course of a month — from October 22 to November 24, 2021, the defendant allegedly sent at least 13 text messages to the plaintiff attempting to collect on an unpaid debt. The plaintiff allegedly asked the defendant to stop sending text messages to his cell phone. The defendant allegedly replied back “I do apologize I can not stop communication efforts you owe a debt in our office” and sent further text messages.

The complaint alleges the collector violated Sections 1692c, 1692d, and 1692e of the FDCPA by “sending repeated text messages after being told to stop” and “insisting” that it “had the right to do so unless” the plaintiff paid the debt. In the complaint, the plaintiff also mentions:

In issuing Regulation F, which took effect November 30, 2021, the Consumer Financial Protection Bureau treats electronic messages to a cell phone as a “time or place” of communication and recognizes the consumer’s right to require cessation of that and similar communications.

and includes the relevant provision of the rule requiring collectors to include opt out instructions from receiving further messages.

The messages in question, though, were sent before Regulation F went into effect.

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