Debt collector sued for making automated calls to cell phone

Michelle Keahey, East Texas Bureau Jan. 21, 2013, 11:30am

SHERMAN - A Sanger resident has filed a lawsuit against a debt collector claiming that the collector was making numerous "robocalls" to his cellular phone. 

Billy Walker filed suit against Joseph, Mann and Creed on Jan. 16 in the Eastern District of Texas, Sherman Division.

According to the lawsuit, in October 2012 the defendant began to contact Walker in an attempt to collect a debt. The defendant allegedly placed daily calls using an automated telephone dialing system with an artificial or prerecorded voice to the plaintiff’s cellular phone.

Walker states that he has no prior business relationship with the defendant and did not give his consent to be contacted on his cell phone. Each of the phone calls stated that the defendant was looking for someone other than the plaintiff.  Walker requested that the telephone calls cease but the robocalls continued, the suit claims.

The defendant is accused of repeated violations of the Fair Debt Collection Practices Act, invasions of the plaintiff’s personal privacy, and invasions of the Telephone Consumer Protection Act.

The plaintiff is asking for an award of damages for humiliation, anger, anxiety, emotional distress, fear, frustration, and embarrassment, statutory damages, court costs, attorney’s fees, punitive damages and injunctive relief.

Walker is represented by Jody B. Burton of Lemberg & Associates in Stamford, Conn. A jury trial is requested.

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

Case No. 4:13-cv-00028

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