A class action lawsuit accuses debt collector Cawley & Bergman of violating a debt collection law by sending emails to people who owed past due debts that did not include instructions on how to opt out of receiving future collection emails from the firm.
Lead plaintiff Pamela Harris received an email from the company on Oct. 25, 2022 about a debt that was originally with a WebBank Lending Club consumer account, states the lawsuit, filed in Cook County Circuit Court.
"There is nothing in the email which gives Plaintiff instructions on how to opt out of email communications," the lawsuit states. "In fact, the words 'opt-out' do not appear at all in the email."
The email did include language stating,: “If you are not Pamela Harris, please click the unsubscribe link below," the suit states. "Plaintiff was confused as to the meaning as she had never subscribed to anything and the first message indicated that she should click the link only if she was NOT Pamela Harris."
The company's communication violated the Fair Debt Collection Practices Act, the suit alleges.
It seeks unspecified monetary damages, plus attorney fees.
The lawsuit seeks to expand the action to include anyone else who received similar debt collection emails from Cawley & Bergman.
The plaintiffs are represented by Michael Drew, of Neighborhood Legal LLC, of Chicago.
Harris v. Cawley & Bergman LLC, Cook County Circuit Court, 2023CH0900