Harley Davidson Financial Services Hit with Class Action Over Alleged Automated Debt Collection Calls
by Erin Shaak
Arledge v. Harley Davidson Financial Services, Inc.
Filed: October 27, 2021 ◆§ 1:21-cv-00974
Harley Davidson Financial Services faces claims that it placed automated debt collection calls to consumers who never consented to receive them.
Texas
Harley Davidson Financial Services, Inc. faces a proposed class action over its alleged practice of placing automated debt collection calls to consumers who never consented to receive them.
The plaintiff, a woman whose boyfriend financed a motorcycle through the defendant, claims to have received “no less than 30 harassing phone calls” from the debt collector despite demanding on several occasions that the calls cease. The lawsuit alleges Harley Davidson’s calls violated the Telephone Consumer Protection Act (TCPA), a federal law that prohibits the use of automated dialing technology to place certain types of non-emergency calls without a recipient’s prior express consent to do so.
“Upon information and belief, Defendant knew its collection practices violated the TCPA, yet continued to employ them in order to maximize efficiency and revenue,” the complaint attests.
According to the case, the plaintiff was not a co-borrower on her boyfriend’s loan yet began receiving collection calls from Harley Davidson in May 2021 over a past-due payment. The plaintiff claims to have informed Harley Davidson that her boyfriend “was only a few days late and would be making a payment soon,” and asked the defendant to stop calling her.
Nevertheless, Harley Davidson continued to place calls to the plaintiff’s cell phone in attempts to collect on the alleged debt, the complaint relays.
The suit alleges that although the plaintiff’s boyfriend brought the debt current in May 2021, he missed a payment in June by a few days, which thus renewed the defendant’s collection efforts. Per the case, the plaintiff repeatedly advised Harley Davidson that her boyfriend would soon be making a payment, and demanded that the company cease contacting her.
The plaintiff alleges that each time her boyfriend was a few days late on his loan payment, Harley Davidson would begin calling her despite her repeated efforts to stop the calls. Moreover, the defendant allegedly left the following pre-recorded voicemail on several occasions when the plaintiff did not answer her phone:
“This is Harley Davidson Financial Services. Please return this call at your earliest opportunity at 1-866-798-9775. We are available Monday through Thursday from 7am to 9pm, Friday 7am to 7pm, Saturday 7am to 4pm, and Sunday noon to 9pm central time. Again, this is Harley Davidson Financial Services and our number is 1-866-798-9775. Thank you.”
According to the case, the plaintiff’s pleas for the calls cease “fell on deaf ears,” and Harley Davidson Financial Services continued to place “harassing collections calls” to her cell phone in violation of the TCPA.
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