California v. Alorica, Inc.
Annotate this CaseThis case arose from an ongoing investigation by the district attorneys’ offices of several California counties into the debt collection practices of Alorica Inc. (Alorica), specifically the Rosenthal Fair Debt Collection Practices Act, and the federal Telephone Consumer Protection Act. In November 2019, the district attorneys' offices (collectively referred to as the State) served Alorica with an investigative subpoena. The subpoena contained 11 separate document requests and covered the time period from February 2015 through the date the subpoena was served. The State directed Alorica to respond by December 13, 2019, and to specify whether any of the requested records were no longer in Alorica’s “possession, custody or control.” Alorica served its objections and responses to the subpoena. Alorica objected to most of the requests, and argued that the requests violated Alorica’s right to privacy and right against unreasonable searches and seizures. Alorica claimed that it did not have any debt collection clients, so it denied having any of the requested agreements with clients related to debt collection, policies and procedures relating to the collection of consumer debt, or call records of debt collection calls as to the defined top five clients. One year later, in November 2020, the People petitioned for an order compelling full compliance with the subpoena. Alorica opposed and argued that it was not a debt collector subject to the Rosenthal Act, so the subpoena was invalid as it was not reasonably relevant to an investigation concerning debt collection. Alorica ultimately lost its argument and was ordered to produce files in accordance with the administrative subpoena.
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