This class action brings suit against GC Services under the federal laws Telephone Consumer Protection Act and the Fair Debt Collection Practices Act (FDCPA) and under California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA). The complaint alleges that GC Services, LP violates all three in its attempts to collect consumer debts.
GC Services is a debt collector, and in September 2018, it began to call plaintiff Mohamed Elhendi on his cell phone. The TCPA forbids companies to call consumers on their cell phones, using automatic dialing systems or artificial or prerecorded voices, unless they have the consumers’ prior express written consent.
The complaint says GC’s “daily calls” were an attempt to collect an alleged debt. The complaint alleges the calls were made using an automatic dialing system or an artificial or prerecorded voice.
Elhendi asked the company to stop calling, but it continued. Elhendi says he had never given his prior express consent to receive such calls from GC, and that even if he had done so, he revoked any such consent by asking the company to stop calling.
As to the two debt collection laws, the complaint claims that GC Services broke these laws in a number of ways:
- By causing a telephone to ring repeatedly or continuously to annoy Elhendi. (RFDCPA)
- By communicating with such frequency as to be unreasonable and to constitute a harassment. (RFDCPA)
- By causing Elhendi’s telephone to ring repeatedly or continuously with intent to harass, annoy, or abuse Elhendi. (FDCPA)
- By communicating with Elhendi at times or places which GC Services knew or should have known were inconvenient. (FDCPA)
- By engaging in conduct of which the natural consequence was to harass, oppress, or abuse Elhendi. (FDCPA)
In addition to all this, the complaint says that Elhendi did not owe the debt in question, and that GC Services asked to speak to Elhendi’s mother on several occasions.
The counts in the complaint allege violation of all three laws, including both negligent and willful violation of the TCPA. However, the class seems to be based only on violations of the TCPA.
The class for this action is all persons in the US who received a telephone call from GC Services on their cell phones, where the call was made through the use of an automatic dialing system or artificial or prerecorded voice, between November 18, 2015 and November 18, 2019, where the person had not consented to receiving such calls.Article Type: Lawsuit