87 Debt Collection Calls in 3 Weeks? Maybe too much
We return to the issue of retail debt collection with a case out of Illinois in which a federal judge has asked a jury to decide if a debt collection agency’s constant calling to a Banana Republic credit card holder violated the Fair Debt Collection Practices Act (FDCPA). The debt collector called the cardholder three to five times each day, with no two calls made less than two hours apart, for a total of eighty-seven calls between December 5 and December 23. On the 87th call, the cardholder answered and told the debt collector she could not pay the debt and to stop phoning her. Even though the debt collector did not call the cardholder again, the federal court refused summary judgment and decided a jury should review whether the volume and pattern of calling amounted to harassment under the FDCPA. We previously reported on a case out of California where a federal judge dismissed an FDCPA claim under the same circumstances and against the same debt collector.
Good news is that the federal judge dismissed the Telephone Consumer Protection Act (TCPA) claim against the debt collector because the cardholder had consented to the calls in the credit card agreement. The decision is significant because the court interpreted the contractual consent for contact by the creditor, and any other owner or servicer of the account, to include third-party debt collectors. In other words, under the TCPA, consent to credit is equivalent to consent given to third-party entities acting on that creditor’s behalf.
Download a copy of the decision, Losch v. Advanced Call Center Technologies, LLC, Case No. 15-cv-06644 (N.D. Ill. Apr. 12, 2017).
Topics
Related Capabilities
Featured Insights

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 2, 2026
Two Key Wins for Mortgage Lenders on Illinois Statute of Limitations

Press Release
Sep 2, 2026
Jennifer Driscoll Reappointed to CBA's Antitrust & Trade Regulation Section Executive Committee

Employment Law Observer
Sep 1, 2026
Illinois Employers: Prepare Now for These Three Employment Law Changes Taking Effect in 2027

In The News
Aug 24, 2026
David Schultz Reviews a Humorous—But Important—FDCPA Procedural Ruling

Press Release
Aug 20, 2026
115 Hinshaw Lawyers Recognized in 2027 Editions of The Best Lawyers in America® and Ones to Watch®

Press Release
Aug 20, 2026
Hinshaw’s Landmark Tower Client Project Receives 2026 Top Projects Award

Press Release
Aug 19, 2026
Fernando Rivera-Maissonet Elected as HNBA Region II Governor and Board of Governors Member

Employment Law Observer
Aug 17, 2026
Massachusetts’ First Paid Family Medical Leave Act Verdict Yields $4.75 Million Award




