In Nkadi v. Arcon Credit Solutions, LLC, No. 4:24-cv-0474, 2025 WL 1642535 (S.D. Tex. June 10, 2025), Plaintiff Audrey Nkadi alleged that debt collectors violated the Fair Debt Collection Practices Act (FDCPA), the Texas Debt Collection Act (TDCA), and the Telephone Consumer Protection Act (TCPA) by attempting to collect a Best Buy credit card debt not owed by her. Nkadi claimed she suffered emotional distress and invasion of privacy after receiving text messages and phone calls intended for someone named “Shuan.” She later abandoned her TCPA claim, and the court focused on the remaining FDCPA and TDCA claims.

The court granted summary judgment in favor of the defendants, finding no evidence that the communications—three text messages and three voicemail calls over eight weeks—constituted harassment or unfair debt collection practices. Applying the “least sophisticated consumer” standard, the court found that a reasonable person would not have believed the messages were intended for Nkadi, especially given the different name. Because Nkadi did not notify the debt collectors that they had reached the wrong person and failed to produce evidence to support her claims, the court held there was no genuine issue of material fact and dismissed the case.

No information in this communication is intended to constitute specific legal advice.  For specific legal advice, please contact an attorney, and if you have any such questions or would like more information about this issue, please contact William “Pat” Huttenbach at 713.752.8616, or email at phuttenbach@craincaton.com.

Thanks,

Pat

William “Pat” Huttenbach | Shareholder | Banking Litigation
Crain Caton & James | Attorneys & Counselors
Five Houston Center | 1401 McKinney St., Suite 1700
Houston, TX 77010
Direct: 713.752.8616 | Fax: 713.658.1921
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Nkadi v Arcon Credit Solutions LLC