Full title: KRISTINA WILLIAMS, individually and on behalf of similarly situated…
Court: United States District Court, Northern District of Alabama
Date published: Jul 18, 2022
Facts
In January 2020, Ms. Williams visited Smile Direct for a consultation about getting clear teeth aligners. Smile Direct employees presented her with a “retail installment contract,” which she signed without any obligations and stated that signing did not incur any obligations. The contract included the annual percentage rate, finance charge, amount financed, number of payments, and total sales price. Ms. Williams never agreed to purchase the aligners but was billed $250 of the total amount owed. Over the next few months, she repeatedly called and emailed Smile Direct, Healthcare Finance, and her credit card company to dispute the contract. She also filed a police report alleging fraudulent use of her credit card.
On September 22, 2020, AmerAssist, a debt collection company, acquired Ms. Williams’ alleged debt. On September 28, 2020, Ms. Williams told an AmerAssist employee that the account was fraudulent. Before filing her amended complaint, AmerAssist responded to her initial complaint, attaching various documents including a copy of the letter it sent to Ms. Williams on September 25, 2020.
Between June 2020 and October 2021, AmerAssist called Ms. Williams at least four times, each time she answered, with a pre-recorded voice putting her on hold until she was connected to an operator. Each time Ms. Williams spoke with anyone from AmerAssist, she revoked her consent to being contacted in violation of the TCPA.
Ms. Williams never received the aligners or the copy of the agreement along with the addendum authorizing her monthly payment.
Issue
Decision
The court WILL GRANT the motion to dismiss Count Three and WILL DISMISS Count Three WITH PREJUDICE but WILL DENY the motion to dismiss Counts One and Two.
The court will enter a separate order consistent with this opinion.