SHERMAN - A Plano resident has filed a lawsuit against a debt collector for placing daily telephone calls to his cell telephone to collect a $400 debt.
Walter Evans filed suit against First Credit Services Inc. on June 17 in the Eastern District of Texas, Sherman Division.
Evans allegedly incurred a financial obligation in the approximate amount of $400 to a creditor. The debt was transferred to FCS for collection. According to the lawsuit, around October 2012, FCS started contacting Evans by placing daily telephone calls to his cellular telephone.
Evans claims that the defendant failed to identify the name of the company, failed to inform him that the reason for its calls were debt collection and refused to provide written validation of the debt.
The defendant is accused of violating the Fair Debt Collection Practices Act and the Texas Debt Collection Act.
The plaintiff is seeking an award of actual damages for humiliation, anger, anxiety, emotional distress, fear, frustration, and embarrassment, statutory damages, punitive damages, court costs and attorney’s fees.
Evans is represented by Jody B. Burton of Lemberg & Associates in Stamford, Conn.
A jury trial is requested.
U.S. District Judge Richard A. Schell is assigned to the case.
Case No. 4:13-cv-00331