SHERMAN - A Lindale man has filed a lawsuit against a debt collection agency claiming that the agency repeatedly called his place of employment in spite of his requests for the calls to stop.
Steve Cunningham filed suit against Portfolio Recovery Associates on Oct. 5 in the Eastern District of Texas, Sherman Division.
According to the lawsuit, a representative for the defendant called Cunningham at his place of employment on July 11.
Cunningham claims he informed the defendant that he was not permitted to receive collection calls at work and requested that the defendant stop calling him. About a week later, another one of defendant’s representatives called and spoke to a human resources director, stating that they were trying to deliver some legal papers to Cunningham.
A third call was made in August, when someone claiming to be “Officer Michaels” from the Grapevine Processor Division called Cunningham’s place of employment and was claiming to try to serve papers on Cunningham.
Cunningham verified with the Grapevine Police Department and Tarrant County Constables unit that they did not employ an “Officer Michaels.”
The defendant is accused of violating the Fair Debt Collection Practices Act, the Texas Debt Collection Practices Act and the Deceptive Trade Practices Act by using misrepresentations with the intent to deceive consumers.
The defendant is also accused of negligence and unreasonable debt collection practices.
The plaintiff is seeking an award of statutory damages, actual damages, exemplary damages, costs, attorney’s fees and interest.
Cunningham is represented by Dallas attorney Sharon K. Campbell. A jury trial is requested.
Case No. 2:12-cv-00742