Wood County resident sues debt collector for calling seven times a day

Michelle Keahey, East Texas Bureau Apr. 22, 2013, 3:51pm

TYLER - A Wood County resident has filed a lawsuit claiming that a debt collector violated federal and state laws by calling her up to seven times a day in an attempt to collect a debt.

Kelly Hodge filed suit against Enhanced Recovery Co. and Does 1 through 10 inclusive on April 16 in the Eastern District of Texas, Tyler Division.

Hodge claims that the defendant attempted to collect an alleged debt by communicating with her at her place of employment after being informed that this inconvenienced her and was prohibited by her employer. The defendant is also accused of frequently and continuously calling Hodge’s home telephone number, up to seven times per day.

Hodge states that the debt collector used unfair and unconscionable means to collect an alleged debt, by lying to and misleading her.

The defendant is accused of violating the federal Fair Debt Collection Practices Act, which prohibits debt collectors from engaging in abusive, deceptive, and unfair practices and for violating the Texas Deceptive Collection Practices Act.

Hodge is seeking an award of actual damages, statutory damages, court costs, and attorney’s fees. The plaintiff is represented by Kimberly A. Lucas of Kyle Mathis & Lucas LLP in Dallas. A jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 6:13-cv-00330

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