Fontana v. HOVG LLC, No. 20-30471 (5th Cir. 2021)Annotate this Case
The Fifth Circuit affirmed the district court's dismissal of plaintiff's claim under the Fair Debt Practices Act. Plaintiff filed suit after a debt collector spoke with plaintiff's sister over the phone, alleging that the debt collector violated the Act's prohibition on communicating with third parties about a consumer's debt. However, the court concluded that the conversation between plaintiff's sister and the debt collector was not a "communication" as defined by the statute. In this case, even taking the pleaded facts in the light most favorable to plaintiff, the conversation between the debt collector's representative and plaintiff's sister did not convey any information regarding a debt, either directly or indirectly. Rather, the representative mentioned "an important personal business matter," which does not even suggest the existence of a debt, much less provide information about it.