Class-Action Accuses Collector of Not Honoring Opt-Out Requests, Not Sending Validation Notice

A class-action complaint has been filed in federal court in Florida accusing a collection agency of ignoring opt-out requests sent by an individual who received text messages from the agency attempting to collect on a debt, and because when the individual attempted to call one of the phone numbers used to send one of the text messages, the number was allegedly not in service.

A copy of the complaint in the case of Lollis v. Southwest Credit Systems can be accessed by clicking here.

The plaintiff allegedly received four text messages from the defendant, sent using four different numbers. The messages were sent this past January. The first three messages were sent on consecutive days and the fourth message was sent four days after the third. Each message was the same: “We have an important message from Southwest Credit. This is a message from a debt collector. Please call 972-787-0833. Reply STOP to opt out.”

After the first message, the plaintiff allegedly replied, “Stop.” After the second message, the plaintiff allegedly replied, “Stop texting me I already said stop I will find a lawyer and sue you for harassment.” After the third text message, the plaintiff allegedly replied, “STOP HARASSING ME.” After the fourth message, the plaintiff allegedly tried to call one of the numbers used to send a text message and received a recorded message informing her that the phone number was not in service.

The plaintiff is accusing the defendant of violating Section 1692d(5) of the Fair Debt Collection Practices Act by sending a harassing number of text messages, and Section 1692g(a) of the FDCPA by not sending a validation notice within five days of the initial communication.

The plaintiff is also seeking to include two classes — one for those who received text messages after opting out, and one for those who did not receive validation notices.

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