Collector sued after sending fax to debtor's employer

Michelle Massey, East Texas Bureau Aug. 5, 2010, 7:58am

SHERMAN-A Texas resident is suing a debt collector after the collector sent a fax containing his full social security number to his employer.

David Oefelein filed suit against Check Recovery Services on Aug. 2 in the Eastern District of Texas, Sherman Division.

According to court records, Check Recovery Services sent a fax to Oefelein's work requesting verification of his employment which included his full social security number. The plaintiff states he was embarrassed that this was sent to his work and also concerned that the information contained his social security number.

Oefelein contacted the defendant after receiving the fax and was told that they were collecting a debt to Check n' Go in 2006. Oefelein states he does not have a debt from Check n' Go.

He sent the collector a letter asking them to cease calls and faxes and for verification of the debt. He states Check Recovery Services has failed to verify the debt or to provide correspondence informing him of his right to dispute the debt.

"The Defendants' conduct was so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community," the lawsuit states.

Oefelein is seeking actual damages for humiliation, anger, anxiety, emotional distress, fear, frustration, and embarrassment, statutory damages of $1,000 for each violation, costs of litigation, attorney's fees, injunctive relief and punitive damages.

The plaintiff is represented by Houston attorney Diana P. Larsen of The Larsen Law Office in Houston. Additional counsel includes Lemberg & Associates of Stamford, Conn. Jury trial requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case no. 4:10cv00382

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