Michelle Keahey, East Texas Bureau Oct. 18, 2012, 4:00pm

SHERMAN - A Denton County woman has filed a lawsuit against Citibank for violating the Fair Debt Collection Practices Act, which prohibits debt collectors from engaging in unfair and deceptive practices. 

Kelly Fosen filed suit against Rausch, Sturm, Israel, Enerson & Hornik and Citibank N.A. on Oct. 9 in the Eastern District of Texas, Sherman Division.

According to the lawsuit, Citibank sent Fosen a letter in December 2011 that discussed if Citibank could not contact her about the outstanding credit card loan they may file a lawsuit to collect a judgment. Citibank hired RSIEH to collect on the alleged debt.  Under the federal laws, Fosen disputed the debt and requested validation with Citibank’s lawyers in Jan. 2012. She states she did not receive a response.

In July 2012, RSIEH filed a lawsuit against Fosen in an attempt to collect the debt in the Justice Court of Collin County. Fosen was never served with the petition. The case was dismissed without prejudice in August 2012.

The defendants are accused of violating federal and Texas laws by failing to convey the amount of the alleged debt, by continuing debt collection activities after receiving written notice of a dispute, by falsely representing the character, amount, or legal status of the alleged debt, and by using false representations or deceptive practices in connection with the collection.

The plaintiff is asking the court for an award of statutory damages, actual damages, attorney’s fees, court costs and interest.

Fosen is represented by Noah D. Radbil of Weisberg & Meyers in Houston. A jury trial is requested.

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

Case No. 4:12-cv-00640

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