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SOUTHEAST TEXAS RECORD

Saturday, April 20, 2024

Consumer charges collection firms with cell phone infringement

Cell phone black plain

A Galveston County resident filed a lawsuit against a several debt collection businesses alleging consumer law violation by placing calls to his cell phone during an unspecified time period.

Kodel Frazier of La Marque filed a grievance against Stellar Recovery Inc. of Kalispell, MT, UPG LLC and JNR Adjustment Company Inc. in Galveston County District Court on July 14, claiming liability in an undated series of events.

According to the suit, the defendants are engaged in the business of accounts receivable in Texas. The complaint states that the defendants violated the Telephone Consumer Protection Act (TCPA), which guards against cell phone subscribers being called with an automatic dialing system without the subscriber’s consent.

Frazier contends that each of the companies called his cell phone numerous times; that each automatically dialed call or pre-recorded incoming message constituted a violation of the TCPA; and that the defendants conducted the illegal activity willfully.

The plaintiff seeks up to $100,000 or $1,500 per call in compensation for damages, pre- and post-judgment interest, attorney’s fees, expenses, and costs. He is represented by Andres Arguello of Arguello, Hope & Associates in Houston.

Case No. 15-CV-0715

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