In this debt collection case, the evidence demonstrated that (a) FRS phoned Karp at work six times, reaching her only with the first and last calls, (b) during the first, Karp remarked, “You can send me anything by letter—that would be great,” and (c) during the last, she said she could not receive calls at work. Id. at 4-6. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from (a) contacting consumers at work “if the debt collector knows or has reason to know” that the employer prohibits such calls, 15 U.S.C. § 1692c, and (b) engaging in conduct that would harass, oppress, or abuse the consumer, id., § 1692d.
Magistrate Judge Austin concluded that (a) Karp’s “anything by letter” remark was insufficient to trigger FDCPA liability for the subsequent calls, and (b) six calls fell far short of FDCPA harassment. Id. at 8-14. The Texas Finance Code also prohibits frequent telephone calls with the intent to harass a person at the called number. See Tex. Fin. Code § 302.302(4). Karp agreed to “voluntarily dismiss” her claim without prejudice under the statute, but she balked at the entry of summary judgment. Slip op. at 14. Magistrate Judge Austin noted that courts are reluctant to grant such a request so late in the proceedings. Therefore, he recommended summary judgment against Karp. Id. at 16.