SHERMAN - A resident of Argyle has filed a lawsuit against a debt collector claiming the debt collector invaded his privacy by placing numerous calls to his cellular telephone in an attempt to collect someone else’s debt.
Michael McMullen filed suit against AmSher Collection Services Inc. on Dec. 4 in the Eastern District of Texas, Sherman Division.
According to the lawsuit, AmSher contacted McMullen by placing numerous calls to his cellular telephone in an attempt to collect a debt. AmSher allegedly contacted the plaintiff by using an automated telephone dialing system.
When McMullen answered AmSher’s automated calls, he claims he heard a prerecorded message stating the defendant was attempting to contact a person named Susan Hickman. McMullen states that he followed the prompts on several occasions and spoke with a live representative to inform them that he was not the person they were attempting to contact and requested AmSher cease all calls.
Despite his efforts, AmSher continued to call McMullen, according to the lawsuit.
The defendant is accused of violating the Fair Debt Collection Practice Act, the Texas Debt Collection Act, invasion of privacy by intrusion into private affairs and violations of the Telephone Consumer Protection Act.
The plaintiff is seeking an award of actual damages, statutory damages, court costs and attorney’s fees.
McMullen is represented by Jody B. Burton of Lemberg Law LLC in Stamford, Conn.
A jury trial is requested.
U.S. District Judge Ron Clark is assigned to the case.
Case No. 4:13-cv-00718