Complaint Accuses Collector of Violating FDCPA, Reg F Over Attempts to Collect Discharged Debt

A complaint has been filed in California accusing a collector of violating the Fair Debt Collection Practices Act and Regulation F by attempting to collect a debt through calls and text messages to the plaintiff’s cell phone after consent had been revoked and after the debt in question had been discharged during bankruptcy proceedings.

A copy of the complaint in the case of Quinteros v. TSC Accounts Receivable Solutions can be accessed by clicking here.

The plaintiff filed for Chapter 7 bankruptcy protection last August and listed a medical debt on his petition. The bankruptcy was discharged in December. Starting in January 2022, the defendant began attempting to contact the plaintiff via calls to his cell phone and text messages. The plaintiff told the defendant that the debt had been discharged in bankruptcy and asked the defendant to stop contacting him. The defendant allegedly continued to try and get in touch with the plaintiff via call attempts and text messages, making 13 attempts after consent had been revoked, according to the complaint. The debt has also been reported to the credit reporting agencies, according to the complaint.

The complaint accuses the defendant of violating Sections 1692d, 1692d(5), 1692e, 1692e(2), 1692 e(5), 1692e(10), and 1692f of the FDCPA as well as Section 1006.18 of Regulation F by falsely representing the character, status, or legal amount of the debt.

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