There are two types of calls that every consumer hates. The first is robocalls, and the second is collection calls. Put them together, and you have a double whammy of awfulness. Our client says that Credit Systems of the Fox Valley started robocalling his cell phone in an attempt to collect a debt. He knew it was a robocall because, when he answered the phone, he heard a period of silence followed by an automated click. At that point, the call was transferred to a live person. Our client says he does not know how Credit Systems of the Fox Valley got his cell phone number, because he certainly didn’t provide it to the debt collection agency or to the original creditor. He also didn’t provide Credit Systems of the Fox Valley with his express consent to robocall his cell phone, as required by law. When the calls started, our client explained to the collection agency that he was in poor health and had been unemployed for more than five years. He asked that the robocalls stop, but they kept on coming.
The lawsuit charges that Credit Systems of the Fox Valley violated the Telephone Consumer Protection Act (TCPA) by using an ATDS to call our client’s cell phone without his consent. The lawsuit also charges that Credit Systems of the Fox Valley violated the Fair Debt Collection Practices Act (RFDCPA) by engaging in harassing behavior and by using unfair and unconscionable means to collect a debt.