Debt collector sued after calling consumer's mom and dad

Michelle Massey Oct. 7, 2010, 2:32am


A debt collector is facing a lawsuit after a collection agent called the consumer's parents and discussed the consumer's debt.

Claiming violations of the Fair Debt Collection Practices Act, Stephen Hebert filed suit against Nationwide Credit Inc. of Georgia and Does 1-10, on Sept. 20 in federal court in New Orleans.

According to the lawsuit, Hebert incurred a financial obligation that was transferred to Nationwide for collection. Hebert accuses Nationwide of repeatedly calling him, using rude and abusive language, not sending any written communication including a 30-day validation notice and of discussing the debt with his parents, a third party.

Further, Hebert states he arranged a payment plan with Nationwide, in which they would charge Hebert $100 on pre-determined dates.

However, he states the defendant charged him more than $100 on dates not previously agreed upon.

The defendant is also accused of violating the Louisiana Fair Debt Collection Practices Act, violating the Telephone Consumer Protection Act and invasion of privacy by intrusion into private affairs.

The plaintiff is asking for an award of actual damages for humiliation, anger, anxiety, emotional distress, fear, frustration and embarrassment, statutory damages of $1,000 for each violation, costs of litigation, attorney's fees and punitive damages.

Hebert is represented by Mary Marshall Smythe of Lemberg & Associates in Stamford, Ct. A jury trial is requested.

U.S. District Judge Sarah S. Vance is assigned to the case.
Case No. 2:10cv03202

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