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DISCLAIMER: This article is based on a complaint. The defendant has not responded to the complaint to present its side of the case. The claims mentioned are accusations and should be considered as such until and unless proven otherwise.
A collection operation has been sued for allegedly violating the Fair Debt Collection Practices Act because it contacted an ex-boyfriend of the plaintiff and disclosed “previously unknown personal details” to the ex-boyfriend, leading him to resume abusive contact toward the plaintiff, which had stopped “several years ago” according to the complaint.
As I mention in the disclosure, this is one side to a case, but I thought it was worth sharing because it seemed like a teachable moment. My intention was not to sensationalize the situation, but to point out that every interaction with someone can have consequences that we might not be fully aware of at the time, and to be mindful of that.
A copy of the complaint, filed in the District Court for the Eastern District of Michigan, Southern Division, can be accessed using case number 23-cv-10429 or by clicking here.
The plaintiff was allegedly the victim of “extreme, outrageous, and severe abuse” from her ex-boyfriend; abuse that included discharging a firearm in her presence on more than one occasion, according to the complaint. The plaintiff’s family convinced the ex-boyfriend to cease all contact with the plaintiff several years ago, and there has been no contact since that time.
Last month, the defendant contacted the ex-boyfriend in connection with the collection of an unpaid debt. During the call, the defendant disclosed to the ex-boyfriend that the plaintiff owed the debt and disclosed the amount of the debt. The defendant also disclosed other information, such as the plaintiff’s date of birth, according to the complaint. The ex-boyfriend has since resumed “aggressively” placing calls to the plaintiff, as well as sending text messages and leaving voice messages. The plaintiff, according to the complaint, is humiliated and terrified for her physical safety.
The complaint accuses the defendant of violating Section 1692c(b) of the FDCPA by communicating with a third party in connection with the collection of a debt without the plaintiff’s consent. As well, it accuses the defendant of violating Sections 1692d and 1692f of the FDCPA.
