TYLER – A Trinidad, Texas consumer is suing a debt collector over allegations it continued collection efforts without first providing verification of the debt.
Charles Musselwhite filed a complaint on Oct. 20 in the Tyler Division of the Eastern District of Texas against Rausch, Sturm, Israel, Enerson & Hornik LLC alleging that the debt collector violated the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff received a collection letter in September 2016 from the defendant, which the plaintiff disputed the following month. The suit states the defendant filed a suit against the plaintiff regarding the alleged debt in December 2016 without obtaining or mailing plaintiff verification of the debt. The plaintiff also alleges that there is confusion over the amount allegedly owed.
The plaintiff holds Rausch, Sturm, Israel, Enerson & Hornik LLC responsible because the defendant allegedly failed to explain the discrepancy between the balance listed in letter and on the final billing statement and by failing to use a two-step process to verify the debt.
The plaintiff seeks actual damages, pre- and post-judgment interest, attorney's fees, costs and such other just and proper relief. He is represented by Russell S. Thompson IV and Joseph Panvini of Thompson Consumer Law Group PLLC in Mesa, Arizona.
Tyler Division of the Eastern District of Texas case number 6:17-cv-00601