Rush v. Portfolio Recovery Associates, L.L.C., Civ. No. 12-2276; U.S. District Court (DNJ); opinion by Wolfson, U.S.D.J.; filed October 17, 2013. DDS No. 09-7-xxxx [36 pp.]
Plaintiffs Alma and Gregory Rush assert violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and a state law claim for invasion of privacy arising out of phone calls Portfolio Recovery Associates, L.L.C., a national debt collection agency, allegedly made to plaintiffs’ home regarding a debt allegedly owed by Alma. Plaintiffs retained counsel, who sent a cease-and-desist letter to Portfolio on Jan. 26, 2012, that was logged into Portfolio’s records on Jan. 31, 2012. They testified in deposition that calls continued through April 2012. None of Portfolio’s phone calls were answered by plaintiffs, who allowed the phone to ring until their voicemail system picked up. No message was ever left but Portfolio’s number and a portion of its business name was captured by plaintiffs’ caller ID system.
