Evankavitch v. Green Tree Servicing LLC, No. 14-1114 (3d Cir. 2015)
Annotate this CaseEvankavitch executed a mortgage against her property and fell behind on her payments. The mortgagee’s rights were assigned to Green Tree. Green Tree and Evankavitch talked about the loan several times. Evankavitch initiated one discussion by calling Green Tree from her daughter’s (Cheryl) cell phone. Green Tree recorded Cheryl’s number and called Evankavitch at both Evankavitch’s and Cheryl’s numbers. Evankavitch instructed Green Tree to stop using her daughter’s number. Green Tree continued to call both numbers, left messages on Cheryl’s voicemail, and began calling Evankavitch’s neighbors. After learning of these communications, Evankavitch brought suit. Under the Fair Debt Collection Practices Act, 15 U.S.C. 1692, a debt collector is liable to a consumer for contacting third parties unless the communication falls under a statutory exception. One exception covers communication “for the purpose of acquiring location information about the consumer.” That exception prohibits more than one such contact “unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information.” The Third Circuit affirmed judgment in favor of Evankavitch, finding that the debt collector has the burden to prove that the challenged communications fit within the exception.
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