SHERMAN – A Plano alleging that a debt collector unlawfully contacted him has voluntarily dismissed the lawsuit.
Zohaib Mohammed filed a complaint on May 2 in the Sherman Division of the Eastern District of Texas against McCarthy, Burgess & Wolfe, alleging that the debt collector violated the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that in November 2016, he began receiving calls from defendant attempting to collect a consumer debt. The plaintiff sent a letter to the defendant in Nov. 26, 2016, disputing and requesting verification of the alleged debt and that all further communication be done in writing. He alleges that the defendant called him on April 5.
The plaintiff alleged that McCarthy, Burgess & Wolfe was responsible because the defendant allegedly contacted plaintiff's telephone even after being expressly told to not do so.
Court records show that on July 24 the plaintiff gave notice that action is voluntarily dismissed with prejudice.
The plaintiff sought actual and statutory damages, attorney's fees and costs and such other relief as the court may deem appropriate.
Keren E. Gesund of Gesund & Pailet LLC in Plano represented him.
Sherman District of the Eastern District of Texas case number 4:17-cv-00293