Texas woman sues debt collector over harassing phone calls

Michelle Massey, East Texas Bureau Mar. 1, 2010, 5:24am

TYLER -- A Tyler woman is suing a credit collection agency for repeatedly calling her about a debt that is not hers.

Seeking $1,000 for each telephone call, Brandy Samuel filed suit against ER Solutions Inc. and Does 1-10 on Feb. 23 in the Tyler Division of the Eastern District of Texas.

According to the original complaint, Samuel claims the debt does not belong to her yet the collection agency continues to call her between 10 and 20 times per day. She alleges the defendants are rude and abusive, constantly harassing her and telling her to take over the debt.

Samuel claims she has demanded that the creditor stop calling her about someone else's debt but the "defendants continued in their harassing tactics."

The plaintiff alleges the telephone calls violate the Fair Debt Collection Practices Act, the Texas Debt Collection Act and are an invasion of privacy.

Samuel is asking the judge to award $1,000 for each violation of the Fair Debt Collection Practices Act, costs of litigation, punitive damages and actual damages including humiliation, anger, anxiety, fear, frustration, embarrassment and emotional distress.

Houston attorney Diana Larson is representing the plaintiff.

The Stamford, Conn., law firm of Lemberg and Associates LLC is acting as additional counsel to the plaintiff.

Jury trial requested.

U.S. District Judge Leonard Davis is assigned to the case.

Case No 6:10cv00059

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