To that end, a Fingerhut Robocalling Class Action Lawsuit continues to move forward - although the action is far from a lone wolf in the wilderness. Lawsuits continue to come forward, one of the latest filed March 21 of this year by plaintiff Samuel Reider in New York Eastern District Court (Case No. 1:2014cv01836). While it’s still early in the process with regard to this latest lawsuit, which names Fingerhut and Equifax Information Services LLC as defendants, the cause of action is identified as 15:1692 Fair Debt Collection Act.
In other words, the cause of action tells you everything you need to know. The Fair Debt Collection Act (FDCA) is a statute that governs just how and when a collection agency can reach out to a consumer who owes money.
Another is the Telephone Consumer Protection Act (TCPA), which similarly spells out proper decorum and protocol when reaching out to consumers. And not just for collecting debt, either. Unwanted solicitations fall into that category.
Fingerhut telephone calls appear to fall into both categories, largely due to automation programs that undertake the initiation of calls regardless, or so it is alleged, of the time of day or where a consumer might be physically when the call comes in.
For example, under the FDCA, a collection agency is not allowed to bother a consumer at work. But what happens when a consumer receives either a live or automated call made to a mobile phone? The consumer could be at work or driving. In a meeting. In a movie. At church.
A particular reality is that a) we all have mobile phones, and b) we often forget to turn them off when proper decorum suggests we should. What complicates things even further is that more Americans are ditching their land lines and going solo with cell phones and mobile devices as their sole means of communication.
There is no question that robocalling is an efficient way to contact people. However, it should be noted that in today’s world, connectivity is a 24/7 reality to which we are beholden for staying in touch with family, friends and increasingly demanding careers. In such an environment, unwanted intrusion on the part of Fingerhut robocalls goes beyond simple annoyance.
Little wonder that the next call a consumer makes is to a Fingerhut lawyer, in an effort to stop the insanity once and for all.