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SOUTHEAST TEXAS RECORD

Tuesday, April 30, 2024

Customer alleges portfolio company caused his account to be overdrawn

Lawsuits
Law money 12

SHERMAN — A McKinney man is suing a portfolio company, alleging his account was overdrawn due to the activity of the defendants.

Nicholas Pangborn filed a complaint July 23 in the Sherman Division of the Eastern District of Texas against Rausch, Strum, Israel, Enerson & Hornik LLP, Portfolio Recovery Associates LLC, Garza Law Group PLLC, Travelers Casualty and Surety Company of America and Hartford Casualty Company, alleging violation of the Fair Debt Collection Practices Act and the Texas Debt Collection Act.

According to the complaint, Pangborn authorized the defendants to withdraw $21.25 on behalf of the current creditor defendant PRA. On June 25, the suit alleges, defendant Rausch collected an unauthorized withdrawal of $1,976.03 from the plaintiff, leading to late charges and bank fees. 

The suit alleges Rausch implied the collection was from the plaintiff on July 10, causing Pangborn's account to be overdrawn and causing the plaintiff financial hardship.

Pangborn seeks trial by jury, statutory damages of $1,000, actual damages, attorney fees, costs of court and all other proper relief. He is represented by attorney Shawn Jaffer of Shawn Jaffer Law Firm PLLC in Frisco.

Beaumont Division of the Eastern District of Texas case number 1:19-CV-00311

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