Debt collector sued for failure to disclose identity on voicemail

Michelle Keahey, East Texas Bureau Aug. 12, 2013, 7:55pm

SHERMAN - A debt collector is sued for violated federal law for failing to disclose its identity on a voicemail message. 

Thomas Whatley, III filed suit against HOVG, doing business as Bay Area Credit Service, on July 31 in the Eastern District of Texas, Sherman Division.

According to the lawsuit, the defendant placed a call to Whatley’s cellular telephone on Nov. 14, 2012, and left a voicemail in which it failed to notify Whatley it was a debt collector.

The defendant is accused of violations of the Fair Debt Collection Practices Act by failing to disclose its identity, the suit alleges.

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

Whatley is represented by Joseph Panvini of Weisberg & Meyers in Phoenix, Ariz. A jury trial is requested.

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

Case No. 4:13-cv-00428

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