Court Holds 132 Collection Calls During Nine-month Period Not a Violation of the FDCPA
Moss & Barnett succeeded on a motion for summary judgment in federal court in Florida. We obtained complete dismissal of a consumer's claims that a collection agency violated the FDCPA by placing 132 calls to the consumer during a nine-month period. The court held that despite the number of calls – and the fact that four calls were placed during a single day on three occasions – the calls "do not exhibit the vexing qualities in which courts have typically found an intent to 'annoy, abuse, or harass.'" Notably, a majority of the calls alleged were unanswered by the consumer, and the consumer never disputed the account at issue or requested that the calls cease.