In Lampert v. Weltman, Weinberg & Reis Co., LPA, plaintiff Debbie H. Lampert filed suit in the United States District Court for the Central District of Illinois against a debt collection agency, alleging that defendant Weltman, Weinberg & Reis Co., LPA violated the Fair Debt Collection Practices Act when it failed to cease collection activities following Lampert’s request for verification of the debt.
Lampert defaulted on a debt in 2017. On November 3, 2017, the bank placed the account with a debt collection agency. On November 22, 2017, the debt collection agency sent Lampert an initial collection letter seeking to recover the debt. Lampert alleged that on November 27, 2017, she mailed a letter to the debt collection agency to dispute the validity of the debt and to seek verification of the debt. She further claims that on December 1, 2017 at 11:04 a.m., she faxed a second letter to the agency again requesting verification of the debt. The debt collection agency did not respond to Lampert’s letter or fax. On February 2, 2018, the debt collection agency filed suit in an Illinois state court.
Subsequently, Lampert filed suit in the United States District Court for the Central District of Illinois, alleging FDCPA violations as a result of the agency failing to cease collection without providing verification of the debt. The debt collection agency disputed that Lampert actually sent a request for verification. The agency had no record of receiving any verification request from her. The records from the agency’s telephone and fax service provider also showed that the agency never received any call from Lampert’s fax number on December 1, 2017 at 11:04 a.m. The agency proffered that Lampert’s fax confirmation transmission page was suspect and potentially fabricated.
The Court agreed with the collection agency and found that that the records did not show that the agency received a fax from Lampert on the alleged date and time. Still, the Court did not grant summary judgment on this basis.