An Inconvenient Debt

Dan Lopez sues RS Clark & Associates for violating the Debt Collection Practices Act, the Texas Debt Collection Practices Act, and the DTPA. The dispute apparently arose out of a $54.34 cleaning charge assessed and turned over to the collections agency by Lopez’s former apartment complex. Lopez based his case on four unanswered phone calls the agency made to his residence during daytime hours, as well as its failure to inform credit reporting services that Lopez disputed the debt. The collections agency counterclaimed for sanctions and attorney fees, alleging that Lopez’s suit was groundless and brought in bad faith. The trial court granted summary judgment for the collections agency and, after a bench trial, awarded it attorney fees as a sanction against Lopez. On appeal, the Court of Appeals held that Lopez had failed to establish that he gave the collections agency written notice he no longer wished to communicate with them, as his letter only directed them not to call his cell phone or work number. With respect to his home phone, the letter stated only that it was “inconvenient” for them to call him at home. The letter also did not dispute the validity of the debt, stating instead that he just did not want it reported to the credit agencies. The Court of Appeals therefore affirmed.

Lopez v. RS Clark & Asscos., Inc., No. 05-12-00868-CV