BY THINE OWN HAND: TCPA Suit Against Debt Collector Continues Where Defendant’s Own Letters Showed Plaintiff Asked For Calls to Stop

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TCPA suits against debt collectors can be quite tough to pursue, but one lady is doing quite well even without a lawyer.

Then again, it certainly helps when the defendant sent letters admitted she had asked for calls to stop.

In Baldi v. Service Finance, Inc. 2025 WL 2775212 (E.D. Cal. Sept. 26, 2025) the court allowed a pro se Plaintiff (i.e. a person suing without a lawyer) to pursue a case against a debt collector over their effort to dsimiss the case.

The defendant argued the Plaintiff never actually asked for calls to stop. In their view, a letter sent by the plaintiff only asked for calls to stop if the debt was not validated– and they claim that it was.

One problem, however: “there are multiple letters from Defendant acknowledging requests by Plaintiff not to be contacted at all, e.g., Defendant’s August 8 letter states, ‘In addition, you request that all communication regarding MARY BALDI account be directed to you and that SFC cease all communication with your client” and “SFC has updated its records to reflect your representation and your request that your client no longer receive further communication.” 1 (ECF No. 1-4, pp. 1-2). Further, Defendant’s letters dated September 6 and 13 materially repeat these statements. (ECF No. 1-5, pp. 10-11; 31-32).”

So, defendant moved to dismiss arguing Plaintiff never asked for calls to stop but sent a bunch of letters acknowledging Plaintiff wanted calls to stop.

Yeah that’s not going to fly.

Clearly a process breakdown here– they are lucky this lady doesn’t have a lawyer and isn’t suing as a class.

Take aways:

  1. Stop calling when a consumer asks you to;
  2. Make sure you know your facts before you take a position in court– this is pretty embarrassing; and
  3. TCPA suits against debt collectors seem to be making a comeback recently. Watch yourselves.

Chat soon.

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Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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