Debt collection agency sued for leaving note at debtor's place of employment

Michelle Keahey Aug. 31, 2012, 3:21am

NEW ORLEANS - A Montz couple has filed a lawsuit against a debt collection agency for allegedly violating federal law by leaving a note regarding the debt at the man's place of employment.

Don and Christal Wetherington filed suit against Receivable Recovery Services and Does 1-10 on Aug. 6 in federal court in New Orleans.

According to the lawsuit, the defendant began attempts to contact Don Wetherington in an effort to collect a debt. On June 21, 2012, Wetherington states that the defendants went to his place of employment and left a printed note on the door. The note was visible to co-workers and constituted a "prohibited third-party communication." Further, the defendant allegedly used a loud and aggressive tone with Christal Wetherington in an effort to intimidate them into paying the debt.

The defendants are accused of violations of the Fair Debt Collection Practices Act, invasions of the plaintiffs' personal privacy, and intentional infliction of emotional distress.

The lawsuit is asking for an award of actual damages for emotional distress, statutory damages, court costs, and attorney's fees.

The plaintiffs are represented by Kenneth D. McLean of The McLean Law Firm in Germantown, Tenn. A jury trial is requested.

U.S. District Judge Helen G. Berrigan is assigned to the case.

Case No. 2:12-cv-02013

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