Debt collector sued for calling wrong person

Michelle Keahey, East Texas Bureau Aug. 26, 2013, 1:45pm

SHERMAN - A McKinney man has filed a lawsuit claiming a debt collector is placing numerous automated calls to his cell phone that are meant for another person. 

Matthew Fisher filed suit against Southwest Credit Systems LP on Aug. 21 in the Eastern District of Texas, Sherman Division.

According to the lawsuit, the defendant began placing numerous calls to Fisher’s cell phone in an attempt to collect a debt. The calls were made using an automatic telephone dialing system and were calling for a "Mr. Adler."

Fisher states that he told the defendant during four phone conversations that he was not the debtor and that the debtor could not be reached at that phone number.  According to the suit, Fisher also requested that the phone calls cease, however the collection calls continued.

The defendant is accused of violating the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act.

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

Fisher is represented by Jody B. Burton of Lemberg & Associates in Stamford, Conn.

A jury trial is requested.

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

Case No. 4:13-cv-00479

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