Plaintiff Sues Collector for Violating FDCPA, Reg F for Sending Emails After Unsubscribing

A complaint has been filed in a Texas federal court, alleging a collector violated Regulation F by sending emails to an individual after that person allegedly unsubscribed from receiving such communications, according to a copy of the complaint.

The complaint in the case of Walker v. TrueAccord can be accessed by clicking here. The complaint was filed in the District Court for the Eastern District of Texas.

EDITOR’S NOTE: Click here to sign up for a free webinar on Tuesday, February 15 at 1pm ET to hear from a panel of consumer attorneys as they discuss their initial reactions to Regulation F. This webinar is being sponsored by Provana.

The plaintiff alleges the defendant violated the Fair Debt Collection Practices Act, Regulation F, and the Texas Debt Collection Act because it did not stop sending emails after the plaintiff clicked an “unsubscribe” link in an email he received from the defendant. The defendant was attempting to collect on a defaulted payday loan. The defendant had “regularly” sent emails to the plaintiff throughout the course of 2021 and into 2022, and the plaintiff “became unhappy with the amount of burdensome emails” that he received. The complaint does not specify how many emails he allegedly received from the defendant. After clicking on the unsubscribe link at the bottom of one of the emails he received, the plaintiff was notified by the defendant that it would “stop sending emails” to his address. But, according to the complaint, the defendant sent “dozens” of additional emails attempting to collect on the debt.

Under Regulation F, when communicating with consumers via electronic channels like email and text messaging, collectors must provide instructions to allow consumers to opt out of receiving future messages through those channels.

The complaint alleges the defendant violated Section 1692c(a)(1), 1692d, 1692e, and 1692e(10) of the FDCPA and Section 1006.14(h) of Regulation F by continuing to send electronic communications after the plaintiff unsubscribed from its emails “multiple” times.

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