TYLER — A Henderson County woman is suing a collection agency, alleging unlawful collection practices.
Loreal Nicole Roe filed a class action complaint, individually and on behalf of all others similarly situated, Jan. 19 in the Tyler Division of the Eastern District of Texas against The Phoenix Recovery Group, alleging violation of the Fair Debt Collection Practices Act.
According to the complaint, on June 30, 2016, Roe received a collection letter from Phoenix Recovery attempting to collect an alleged debt with a note that there is a $12 processing fee for each credit card purchase or transaction. By charging a processing fee, the suit says, Roe suffered the risk of real harm.
The plaintiff alleges The Phoenix Recovery Group falsely represented the character, amount and legal status of the debt and that a convenience fee could be lawfully charged by the defendant.
Roe seeks trial by jury, an order certifying this case as a class action, enjoining the defendant from committing further violations of the FDCPA and the TDCA, actual and statutory damages, attorney fees, expenses and court costs and all other appropriate relief. She is represented by attorney Walt D. Roper of The Roper Firm PC in Dallas.
Tyler Division of the Eastern District of Texas Case number 6:17-cv-00042