Debt collector sued by Beaumont woman for continuing to call despite notice of error

Michelle Keahey, East Texas Bureau May 6, 2013, 10:20am

A debt collector is being sued for violating federal and Texas law by calling a Beaumont woman after she informed the debt collector that the debt was not hers and to cease calling her. 

Vivian Todd filed suit against Bay Area Credit Services on April 30 in the Eastern District of Texas, Beaumont Division.

According to the suit, the defendant contacted Todd in an attempt to collect a debt that belonged to another person. The defendant allegedly called Todd on her cellular telephone using an automatic telephone dialing system.

When Todd was able to talk to a live person, she informed the defendant that the debtor was unknown to her, and to cease communications with her. However, the defendant continued to call the plaintiff up to two calls on her cellular phone on a daily basis, Todd claims.

The defendant is accused of violating the Fair Debt Collection Practices Act, the Texas Debt Collection Act, for invasion of privacy by intrusion into privative affairs and violations of the Telephone Consumer Protection Act.

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

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

U.S. District Judge Marcia A. Crone is assigned to the case.

Case No. 1:13-cv-00264

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