Debt collection agency sued after calling man more than 100 times

Michelle Keahey, East Texas Bureau Jan. 23, 2012, 9:48am

LUFKIN - Claiming he received more than 100 phone calls, a Nacogdoches County man has filed a lawsuit against a debt collection agency for harassment.

Terry Morris filed suit against Portfolio Recovery Associates on Jan. 17 in the Eastern District of Texas, Lufkin Division.

Morris states he incurred a debt in 2008 and the debt was purchased by the defendant Portfolio Recovery Associates. The defendant is accused of violating the Fair Debt Collection Practices Act by constantly and continuously placing collection calls to Morris' residence and place of work. Morris states the defendant has called more than 100 times.

Morris states he attempted to get the defendant to send a validation letter of the debt, but defendant's agent stated they would not send him one.

The defendant is also accused of violating the FDCPA by contact Morris at his place of employment, harassing and abusing Morris with the collection of the debt, communicating to the plaintiff at an inconvenient time, and for failing to send Morris a validation notice within five days of the initial communication.

The plaintiff is seeking an award of statutory damages, actual damages, costs and attorney's fees.

Morris is represented by Dave Lilley of Alex Simanovsky & Associates in Wichita Falls. A jury trial is requested.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 9:12-cv-00008

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