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Home Compliance

TCPA Class-Action Filed Against Lender Accused of Making Collection Calls After Consent Had Been Revoked

mikegibb by mikegibb
August 10, 2021
in Compliance, TCPA
0
Judge Denies MTD in FDCPA SOL Case

A class-action lawsuit has been filed against Harley-Davidson Financial Services, accusing the lender of violating the Telephone Consumer Protection Act and the Illinois Consumer Fraud and Deceptive Business Practices Act because it allegedly contacted the plaintiff on her cell phone after she had revoked consent to be contacted.

A copy of the complaint in the case of Johnson v. Harley-Davidson Financial Services can be accessed by clicking here.

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The plaintiff’s monthly payment on a loan that was used to purchase a vehicle from the defendant is due on the sixth day of every month. The underlying agreement allegedly includes a 10-day grace period during which the plaintiff could make a payment without suffering any consequences. Except for one month, the plaintiff allegedly has always made her payment before the expiration of the grace period. But the defendant has initiated collection calls every month, starting three days after the payment was due and not stopping until the payment was made, according to the complaint. After receiving eight calls during a two-day span back in March, she asked that the defendant stop making calls because they were “becoming excessive,” according to the complaint. After stopping for a few days, the calls resumed, according to the complaint. The plaintiff has received 150 calls and 35 pre-recorded messages since she allegedly revoked consent to be contacted on her cell phone, according to the complaint.

The plaintiff is seeking to include anyone else in Illinois who received calls from the defendant on their cell phones after consent to receive such calls had been revoked.

Tags: 227(b)(1)(A)(iii)ConsentDistrict Court for the Northern District of IllinoisJohnson v. Harley-Davidson Financial Services
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