This litigation review examines a recent case handled by Hyslip Legal LLC, involving a plaintiff who was allegedly subjected to unlawful debt collection practices by the defendant, a debt collection agency. The case highlights critical aspects of the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA), emphasizing the importance of adhering to these regulations to protect consumers from harassment and unfair collection practices.
Case Background
In LoVerde v. Aldous & Associates, PLLC, the plaintiff, James LoVerde, received a letter from the defendant, Aldous & Associates, PLLC, attempting to collect an alleged debt. In response, Mr. LoVerde sent a certified letter requesting debt validation and expressly instructing the defendant to cease all telephone communications. Despite receiving this letter, the defendant continued to contact Mr. LoVerde through pre-recorded voice messages, violating both the FDCPA and the TCPA.
Legal Strategy
Hyslip Legal LLC filed a lawsuit on behalf of Mr. LoVerde in the United States District Court for the Northern District of Illinois, Eastern Division, alleging violations of the FDCPA and TCPA. The complaint, filed on October 14, 2024, with case number 1:24-cv-10155, asserted that the defendant’s actions constituted harassment and unfair collection practices, causing significant distress to the plaintiff. The legal theories focused on demonstrating the defendant’s blatant disregard for the plaintiff’s rights and the clear legal restrictions governing debt collection practices. Specifically, the complaint included:
- Count One: Violation of 15 U.S.C. § 1692c(c) for communicating with the plaintiff after receiving written instructions to cease communication.
- Count Two: Violation of 15 U.S.C. § 1692d for engaging in conduct that harasses, oppresses, or abuses the plaintiff.
- Count Three: Violation of 15 U.S.C. § 1692f for using unfair or unconscionable means to collect the alleged debt.
- Count Four: Violation of 15 U.S.C. § 1692g for continuing collection efforts without validating the debt as requested by the plaintiff.
- Count Five: Violation of 47 U.S.C. § 227(b)(1)(A) for multiple instances of using pre-recorded voice messages to call the plaintiff’s cellular phone without prior consent.
- Count Six: Violation of the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA) through unfair and deceptive conduct towards the plaintiff.
This case serves as a reminder that debt collectors must adhere to strict legal guidelines when contacting consumers about alleged debts. Consumers have the right to dispute a debt, request validation, and limit the methods of communication used by debt collectors. Any violation of these rights can result in legal action and significant consequences for the debt collection agency.
Hyslip Legal LLC is committed to protecting consumers from unlawful debt collection practices. If you believe you have been subjected to harassment or unfair collection practices, please do not hesitate to contact our office for a consultation.
*Disclaimer: This case study is for informational purposes only and does not constitute legal advice. Please consult with an attorney to discuss your specific legal situation.
Case Documents: LoVerde v. Aldous & Associates, PLLC
For your convenience and further understanding of the case, we have provided the relevant court documents below. These documents offer detailed insights into the legal arguments and evidence presented in LoVerde v. Aldous & Associates, PLLC.