A proposed class action against Access Receivables Management, Inc. claims the debt collector violated both the Telephone Consumer Protection Act (TCPA) and the Fair Debt Collection Practices Act (FDCPA) by placing automated calls to a consumer’s cell phone despite her protests. The plaintiff says she began receiving the calls sometime in January of this year and requested that the defendant stop calling her. Nevertheless, the suit alleges, the calls continued through April despite the plaintiff demanding on three more occasions that the company stop calling. The case argues that the non-emergency calls were made using an automated dialing system and in spite of the plaintiff’s revoked consent – an alleged violation of the TCPA.
The lawsuit further claims the calls violated the FDCPA in that they concerned a debt collection attempt, “the natural consequences of which [was] to harass, oppress, or abuse [the plaintiff].”