Case Law Update: Smith v. Stellar Recovery, Inc.

In the case of Smith V. Stellar Recovery, Inc., the plaintiff, Lakisha T. Smith, alleged that the defendants, Stellar Recovery, Inc. and Comcast Corporation, harassed her with robocalls despite the plaintiff discharging debt with the company through bankruptcy.

According to the court documents, Stellar Recovery acted on behalf of Comcast with their consent and approval to pursue debt collections from the plaintiff. However, the plaintiff alleges that the method of the attempted collections violated the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act.

The defendant denied the allegations and claims that the accusations against them are “vicarious in nature.”

In May of 2016, the court — after reviewing 31 pages of discovery disputes from the plaintiff — issued a reminder to the parties in the case to act on good faith and with common sense regarding discovery disputes.

The court granted in part the plaintiff’s motion to compel, denied the defendant’s motion for protective order as moot, and extended timeframes for depositions.

Atlas Consumer Law: Protecting the Rights of Consumers

When violations of the Fair Debt Collection Practices Act and Telephone Consumer Protection Act harm consumers, the individuals or companies violating the regulations can be held accountable. In some cases, the consumer may be able to take action and seek compensation for the harassment they have endured. Our Chicago consumer lawyers at Atlas Consumer Law are here to help clients move forward.

Call us today to learn more about your rights as a consumer.

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