How much is too much?
While the law prohibits excessive calling, there is no bright line rule for what constitutes a violation for excessive calling under § 1692d(5). Instead, courts consistently consider factors other than the number of calls placed, e.g., consumer requests that the calls cease, numerous unwanted contacts, and offensive statements.
To better understand the current rule and avoid the potential dangers of excessive calling, we detail the latest rulings, separating them by violations found; violations not found; and identifying the courts that have issued the decisions.
Attached is our latest confidential memorandum detailing all reported excessive call decisions we have found. Listed below are the latest rulings compiled since we last issued our summary.
There are 4 new cases - 1 in N.D. OH, 1 in N.D. IL, 1 in D. OR, and 1 in E.D. MI.
Possible Violations Found
- Heffronv. Green Tree Servicing, LLC - The plaintiff alleged the collector called him continuously and up to 10/day for almost a year. The court found the plaintiff had alleged sufficient facts to survive a motion to dismiss.
- Forguesv. Select Portfolio Servicing - The plaintiff alleged the collector called "numerous times" for no purpose or intent other than to annoy, abuse, or harass. Against the rulings in many other cases, the court denied the collector's motion to dismiss finding the allegation of "numerous" calls was sufficient to state a claim.
No Violations Found
- Peak v. Prof'lCredit Serv. - The plaintiff alleged the collector's 3 phone calls and 2 voicemails over a 1 month period constituted harassment. The court granted defendant's motion finding such minimal conduct over a 1 month period did not constitute a violation.
- Littv. Portfolio Recovery Associates LLC - The plaintiff alleged an FDCPA violation when the collector called the plaintiff's parents 213 times over a 4 year period. The court granted the collector's motion finding that the number and timing of calls did not justify a trial without further evidence of oppressive or abusive behavior.
To view the entire memo Click Here.
