Collin County man sues debt collector for calling while he was in restroom

By Michelle Keahey, East Texas Bureau | Sep 23, 2013

SHERMAN - A Collin County man has filed a lawsuit claiming a debt collector’s telephone call was harassing and abusive because he was in the bathroom at the time of the phone call.

David E. Mack filed suit against First Financial Asset Management Inc. on Sept. 19 in the Eastern District of Texas, Sherman Division. 

Mack states that he received a phone call from the defendant on his wireless phone number at 7:53 a.m. on March 6. According to the lawsuit, he had not given the defendant his express consent to call his wireless phone number.

“The call interrupted the Plaintiff’s personal activities in the bathroom and was harassing and abusive to the Plaintiff because the calling party hung up before he was able to answer,” the lawsuit stated.

The defendant’s telephone call was allegedly placed using automatic telephone dialing system equipment.

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 statutory damages, attorney’s fees, court costs and interest.

Mack is acting as his own attorney. A jury trial is requested.

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

Case No. 4:13-cv-00546

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