Debt collection agency sued for leaving vulgar voicemail

Michelle Keahey, East Texas Bureau May 16, 2013, 12:48pm

TYLER - A debt collection agency is sued after one of its representatives left a Palestine consumer with a vulgar voicemail message. 

Claiming violations of the Fair Debt Collection Practices Act, Alvis Massey filed suit against AvanteUSA Ltd. on May 14 in the Eastern District of Texas, Tyler Division.

Within the last year, the defendant allegedly contacted Massey in an attempt to collect the debt by placing calls to plaintiff’s cellular telephone. According to the lawsuit, the defendant left a voicemail message which involved verbally abusive vulgar language.

The defendant is also accused of the invasions of Massey’s personal privacy, violations of the Texas Debt Collection Act, and intentional infliction of emotional distress.

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

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

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

Case No. 6:13-cv-00401

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