Major FDCPA Victory against Abusive and Harassing Calling Campaign Claims

Moss & Barnett defended one of the highest call volume cases at the time to be dismissed on summary judgment.  Our client debt collector was sued by a consumer claiming that the collector engaged in an abusive and harassing calling campaign in violation of the FDCPA and Rosenthal FDCPA.  Moss & Barnett filed a motion for summary judgment in the case, arguing that 69 call attempts over a 115-day period did not evidence an intent to annoy, harass, or abuse the consumer.  The court agreed and dismissed the consumer’s claims.