In Winberry v. United Collection Bureau, Inc., 2010 WL 996144 (M.D.Ala. 2010), Judge Albritton addressed the debt collector’s summary judgment motion on a number of claims made by the Plaintiffs, among them that the the defendant’s 33 calls in 1 month did not constitute harassment under the FDCPA. Judge Albritton rejected the debt collector’s claim, explaining that
Viewing this testimony in a light most favorable to the non-movant, the conduct established at this point in the proceedings includes evidence that Johnson, having been informed that Jeffery Winberry was not going to pay the debt, and having been informed that Martha Winberry had health ailments and was not liable for the debt, continued to call both Winberrys, even placing calls to Martha Winberry once Jeffery Winberry had ended a conversation, sometimes not identifying himself as a debt collector, and sometimes threatening legal action he did not intend to take, resulting in 33 calls in relatively short period. This conduct, applying the Jeter standard, is more egregious than that in the case relied upon by UCB, and is in line with the conduct found by other courts to constitute a violation of the FDCPA. See e.g., Fox v. Citicorp Credit Services, Inc., 15 F.3d 1507 (9th Cir.1994) (reversing summary judgment and finding that calls which were intimidating, threatened garnishment, and were placed at work despite a request by the debtor could be found by a jury to be harassing conduct). Accordingly, summary judgment is due to be DENIED as to this claim.