TCPA, FDCPA Lawsuit Filed Against Receivable Performance Management

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A class action filed against Receivables Performance Management, LLC, claims the debt collection agency violated both the Telephone Consumer Protection Act (TCPA) and Fair Debt Collection Practices Act (FDCPA) by using an automatic dialing system with a prerecorded voice message to contact debtors without receiving prior written consent. Filed in Wisconsin, the lawsuit claims the plaintiff never provided the defendant nor his original credit with her new cell phone number obtained in August 2016. The plaintiff claims in October 2016 she began receiving calls to her cell phone from the defendant in relation to a debt owed to T-Mobile made with an autodialing system.

The proposed class includes anyone in the U.S. who has received a call from or on behalf of the defendant to his or her cell phone made with an automatic dialing system or with a prerecorded voice message—and who either do not provide their phone number in advance or revoked prior express consent—between November 3, 2012 to the present.