August 23, 2013

Debt collection agency sued for continuing to call Denton man

SHERMAN – A Denton resident has filed a lawsuit against a debt collector claiming the collection agency violated federal law by continuing to call him after he requested they stop.

David Moyer filed suit against NCO Financial Systems Inc. on Aug. 13 in the Eastern District of Texas, Sherman Division.

In November 2012, in connection with the collection of a debt, the defendant placed a telephone call to Moyer’s cellular telephone and threatened him. The defendant allegedly stated that if Moyer did not make immediate payments toward the debt, it would remain on his credit report forever.

In May 2013, Moyer claims he sent the defendant a notice to cease and desist from placing any further telephone calls to him. However, the defendant continues to call Moyer, according to the suit.

The defendant is accused of violations of the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act.

The plaintiff is asking the court for an award of statutory, actual, and treble damages, attorney’s fees, court costs and interest.

Moyer is represented by Joseph Panvini of Weisberg & Meyers LLC in Phoenix, Ariz. A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:13-cv-00463