FDCPA Class Action Filed Against Direct Recovery Services

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A proposed class action lawsuit filed in Minnesota claims defendant Direct Recovery Services, LLC violated the Fair Debt Collection Practices Act (FDCPA). The defendant allegedly left the plaintiff a phone message regarding a debt he allegedly owed to the defendant, a third-party collector, and/or its client. The phone message, the complaint says, was confidential, and the plaintiff says he was unaware that he owed any money.

The defendant allegedly left this same confidential message on phone lines respectively belonging to the plaintiff’s mother, wife, and uncle. The 12-page complaint claims these messages were “unfair, deceptive, and misleading” because they did not designate the matter referred to in the communication as a confidential notice meant to be heard only by the plaintiff.

Further, the lawsuit argues the content of the messages themselves was deceptive and unfair because they reference a purportedly “escalated” matter that could not truly have been “escalated” since the plaintiff was given no opportunity to respond to any matter before the messages were left. The case claims the statements made by the defendants were meant to “harass, oppress, intimidate, scare, and mislead” the plaintiff.