T-Mobile sued for using automated call system to collect debt

Michelle Keahey, East Texas Bureau Jan. 21, 2013, 3:05pm

SHERMAN - A Sherman woman has filed a lawsuit against a cellular company for repeatedly calling her with an automated telephone dialing system.

Ashley Chapman filed suit against T-Mobile USA Inc. on Jan. 16 in the Eastern District of Texas, Sherman Division. 

Chapman states that the defendant began contacting her using an automated telephone dialer system with an artificial or prerecorded voice on Nov. 28, 2012.

The telephone calls were allegedly placed as often as three times a day. The calls requested that Chapman stay on the line to speak to a live representative regarding a bill owed to the defendant.

Chapman claims she made requests for the robocalls to stop on three occasions. The defendant allegedly replied that there was nothing they could do about the calls until Chapman satisfied the bill.

The defendant is accused of violating the Telephone Consumer Protection Act by contacting the plaintiff using an automatic telephone dialing system or by using a prerecorded or artificial message on a cellular telephone.

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

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

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

Case No. 4:13-cv-00030

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