Chicago Federal Judge Rules on Debt Collection Calls


When a debtor in the Chicago area requests that a debt collection company stop making frequent calls and the collector continues anyway, does the debtor have any recourse? Under the Fair Debt Collection Practices Act (FDCPA), debt collectors cannot harass consumers even if they owe debts. Specifically, Section 806(5) clarifies that a debt collector is prohibited from “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.”
More often than not, debtors will rely upon the FDCPA in order to make allegations about debt collection harassment or unfair debt collection practices. However, as a recent article in the Cook County Record explains, debtors also may be able to rely on the Telephone Consumers Protection Act (TCPA). A Chicago federal judge recently refused to dismiss a lawsuit brought by a consumer under the TCPA for repeated and unwanted telephone contact from a debt collection company. What are the details of the claim, and how might its outcome clarify consumer rights in the Chicago area?
Learning More About the Recent Case
In the case at issue, a Chicago debtor—the plaintiff in the case—owed money to the healthcare company Alere, which hired the debt collection service Uptain to collect on debts owed. Uptain began calling the plaintiff through an automated dialing system in December 2013. According to the specific language of the TCPA, there are restrictions on the use of automated telephone equipment to protect consumers against unwanted phone calls. The plaintiff argued that she told Uptain to stop calling her because she had plans to file for personal bankruptcy. However, according to the plaintiff, Uptain continued to make automated calls in an effort to collect on the debt.
By July 2014, the plaintiff had filed for consumer bankruptcy, and Alere received notice of the bankruptcy (so that the healthcare company would hold off on trying to collect on the debt owed by the plaintiff). However, the plaintiff alleged that Uptain continued to call her up through May 2015 when she filed a lawsuit under the TCPA. Alere and Uptain contended that the plaintiff failed to show a “concrete harm,” and thus moved for the case to be dismissed.
Looking to U.S. Supreme Court Precedent in Chicago
Why is a “concrete harm” something that the plaintiff would need to allege? A recent U.S. Supreme Court case, Spokeo v. Robins, clarified that a plaintiff must show that she has suffered a concrete and particularized injury for a case to proceed.
Chicago federal Judge Robert Gettleman decided that the continuing calls from Uptain could in fact be considered a concrete harm or injury, and as such, the case will move forward. As the article notes, other courts in the Seventh Circuit have held similarly, and as such, the recent decision appears to be falling in line with other nearby federal courts. Whether the plaintiff will win the case under the TCPA, however, is yet to be determined.
In the meantime, if you have questions about filing a lawsuit against a debt collection company, an experienced Oak Park consumer protection attorney can assist with your case. Contact the Emerson Law Firm today for more information.
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