Collection law firm sued for attempting to collect debt

Michelle Massey, East Texas Bureau Aug. 11, 2010, 6:18am

SHERMAN-A professional collection law firm is being sued after placing telephone calls to a Texas resident without disclosing they were attempting to collect a debt.

Dawn Johnson filed suit against Monarch Law Offices on July 19 in the Southern District of Texas, Laredo Division. The case was transferred to the Eastern District of Texas, Sherman Division on Aug. 4.

According to the lawsuit, the defendant used an automatic telephone dialing system to call Johnson's telephone number in an effort to collect a debt from a creditor.

Johnson states that Monarch Law Offices failed to disclose its true corporate or business name and failed to notify that it was attempting to collect a debt. Johnson claims the violations of the law office caused her to suffer personal humiliation, embarrassment, mental anguish, and emotional distress.

Monarch Law Offices is accused of making numerous material misrepresentations in an attempt to collect the debt and of violating the Fair Debt Collection Practices Act, Texas Debt Collection Practices Act and Texas Business and Commerce Code.

The plaintiff is asking the Court for an award of actual damages, statutory damages, exemplary damages, emotional/mental anguish damages, attorney's fees, court costs and interest.

Johnson is represented by Austin attorney Dennis R. Kurz of Weisberg & Meyers. Jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:10cv00389

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