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Affiliate Asset Solutions Third-Party Cell Phone and Debt Collection Class Action

One Hand Paying Another

In trying to collect a consumer debt, the complaint for this class action alleges, Affiliate Asset Solutions violated the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and the Texas Debt Collection Act (TDCA).

Two classes have been proposed for this action.

  • The TCPA Class is all persons living in the US whose cell phone numbers were called by Affiliate Asset Solutions, between June 19, 2014 and the present, using an automatic dialing system, where the number was not obtained either from a creditor or from the person him- or herself.
  • The FDCPA or TDCA Class is all persons living in Texas from whom, on or after June 19, 2017, Affiliate Asset Solutions tried to collect a consumer debt, and regarding whom Affiliate Asset Solutions placed a call to a third party.

The laws at issue in this case were specifically designed to protect consumers from abusive or annoying practices, including those related to debt collection.

One of the two plaintiffs in this case, Roya Ashtiani, alledgedly incurred a debt to Texas Health Arlington Memorial—Texas Health Resources. The debt was allegedly incurred fro personal, family, or household purposes. At some point, the debt seems to have been assigned to Affiliate Asset Solutions for collection.

On or about March 24, 2017, the complaint says, Affiliate began calling the other plaintiff in this case, Alireza Alidowlatabadi about the debt, even though he had nothing to do with it. The complaint lists a full page of the dates and times of calls made to Alidowlatabadi’s cell phone, with the calls sometimes placed one directly after the other.

Alidowlatabadi believes that the calls were made with an automatic dialing system, because when he answered one, there was a pause before a human being came on the line, and because the calls were often made in such quick succession.

According to the complaint, Affiliate did not identify itself as a debt collector, as required by law, but said that it needed to speak to Ashtiani about “a private matter.” The complaint contends that Affiliate should not have been speaking to a third party about Ashtiani’s debt.

The complaint claims that the company “could have taken the steps necessary to bring its actions within compliance with the FDCPA, TDCA, and the TCPA, but neglected to do so and failed to adequately review its actions to ensure compliance with the law.”

The complaint claims both negligent and willful violation of the TCPA, and violations of the FDCPA and TDCA as well. 

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