American Honda Finance Alleged Debt Collection TCPA, FDCPA Class Action

Even debt collectors must obey the provisions of the Telephone Consumer Protection Act (TCPA). The complaint for this class action alleges that American Honda Finance Corporation violated the TCPA as well as the Fair Debt Collection Practices Act (FDCPA) and California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) in trying to collect alleged debts from consumers.

The class for this action is all persons in the US who received telephone calls from American Honda Finance Corporation to their cellular phones which were made with the use of an automatic dialing system or an artificial or prerecorded voice, where the persons had not previously consented to receive such calls, between March 9, 2016 and March 9, 2020.

Plaintiff Argelia Arroyo de Monroy began receiving calls from American Honda in or around April of 2019. The calls were directed to her cell phone, for the purpose of collecting an alleged debt that American Honda claimed she owed. The complaint alleges that the calls were made through the use of an automatic dialing system and that the company did not have her “prior express written consent” to receive such calls, as required by the TCPA.

Even if the company believed she had given her consent to receive such calls, the complaint claims she revoked that consent when she asked American Honda to stop calling her.

As to the FDCPA and the RFDCPA, the complaint claims that American Honda called her “numerous” times about the debt. Arroyo de Monroy asked the company to stop calling her because, she says, she did not owe the debt they were trying to collect.

The complaint sets forth a number of provisions of these debt collection laws that it alleges American Honda violated, including the following:

  • “Causing a telephone to ring repeatedly or continuously to annoy Plaintiff…”
  • “Communicating, by telephone or in person, with Plaintiff with such frequency as to be unreasonable and to constitute an harassment…”
  • “Causing Plaintiff’s telephone to ring repeatedly or continuously with intent to harass, annoy or abuse Plaintiff…”
  • “Communicating with Plaintiff at times and places which were known to should have been known to be inconvenient for Plaintiff…”
  • “Engaging in conduct the natural consequence of which is to harass, oppress or abuse Plaintiff…”
  • The complaint alleges that American Honda has committed both negligent and willful and knowing violations of the TCPA, plus violations of both the FDCPA and the RFDCPA.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

American Honda Finance Alleged Debt Collection TCPA, FDCPA Complaint

March 9, 2020

Even debt collectors must obey the provisions of the Telephone Consumer Protection Act (TCPA). The complaint for this class action alleges that American Honda Finance Corporation violated the TCPA as well as the Fair Debt Collection Practices Act (FDCPA) and California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) in trying to collect alleged debts from consumers.

American Honda Finance Alleged Debt Collection TCPA, FDCPA Complaint

Case Event History

American Honda Finance Alleged Debt Collection TCPA, FDCPA Complaint

March 9, 2020

Even debt collectors must obey the provisions of the Telephone Consumer Protection Act (TCPA). The complaint for this class action alleges that American Honda Finance Corporation violated the TCPA as well as the Fair Debt Collection Practices Act (FDCPA) and California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) in trying to collect alleged debts from consumers.

American Honda Finance Alleged Debt Collection TCPA, FDCPA Complaint
Tags: FDCPA, TCPA, Unlawful Debt Collection, Use of Automatic-Capable Dialer