Christianson v. Advantage Collection Professionals, LLC
MINNEAPOLIS - A federal court dismissed Joshua Christianson’s proposed class action against a debt collector without prejudice. Christianson claimed that unsolicited collection texts violated the Fair Debt Collection Practices Act (FDCPA), but his original complaint alleged unauthorized communications, harassment, and deceptive conduct—not that the texts disclosed his debt to third parties. In opposing dismissal, he shifted to a new theory under 15 U.S.C. § 1692c(b), arguing that someone else could have viewed the texts on his phone. Judge John Tunheim rejected that theory because the complaint contained no factual allegations showing that a third party actually saw, or even could have seen, the messages; arguments made later in briefing could not substitute for missing allegations in the complaint. The court therefore dismissed the case without prejudice, allowing Christianson an opportunity to refile a complaint that adequately alleges third-party exposure.