SAN ANTONIO – A San Antonio consumer alleges a Beaumont-based retail home appliance store chain keeps calling her over an alleged debt she does not owe.
Berniece Bursh filed a complaint on July 26 in the U.S. District Court for the Western District of Texas San Antonio Division against Conn's Inc. alleging violation of the Telephone Consumer Protection Act and the Texas Debt Collection Act.
According to the complaint, the plaintiff alleges that beginning in March, she received calls to her cellular phone from defendant attempting to collect upon an outstanding debt. She alleges her identity was stolen, that she notified the defendant of this during conversations and told the defendant that she does not owe the debt.
The plaintiff holds Conn's Inc. responsible because despite notifying defendant that she does not owe the debt, the defendant failed to alleviate the discrepancy and continued to place mass calls even after her request to cease calling her.
The plaintiff requests a trial by jury and seeks damages of at least $500 per phone call and treble damages, costs, attorney fees and any other relief as the court deems just and appropriate. She is represented by Nathan C. Volheim and Taxiarchis Hatzidimitriadis of Sulaiman Law Group LTD in Lombard, Illinois.
San Antonio Division for the Western District of Texas case number 5:18-cv-00769-XR