On behalf of our client, Lemberg & Associates recently filed a complaint in U.S. District Court, Northern District of Texas, against Performance Asset Recovery. Our client alleges that Performance Asset Recovery called her work three or four times per day and her home and cell phone at least twice per day in an attempt to collect a $900 debt. Our client further alleges that, at least once, Performance Asset Recovery called after 9:00 p.m. Moreover, the debt collector from Performance Asset Recovery didn’t identify the name of the debt collection agency and didn’t tell our client that the debt was past the statute of limitations. In addition, Performance Asset Recovery told our client’s school-age son that his mom “needed to pay her bills” and that they were going to take his mom to court.
Further, when Performance Asset Recovery called our client’s workplace, the debt collector revealed information about the debt to the receptionist, to someone in the Human Resources department, and to her supervisor. Performance Asset Recovery continued to call even after our client and the receptionist told the debt collector to stop calling at work and that the calls were against company policy. In addition, Performance Asset Recovery threatened to garnish our client’s wages.
The lawsuit charges that Performance Asset Recovery violated the Fair Debt Collection Practices Act (FDCPA) by contacting third parties for purposes other than to obtain location information; by revealing debt information to third parties; by calling after 9:00 p.m.; by engaging in harassing behavior; by failing to send a validation notice; by contacting our client as his workplace, knowing that his employer prohibited such calls; by not disclosing the identity of the debt collection agency; by using false, deceptive, or misleading representation in connection with the collection of a debt; by misrepresenting the character and legal status of a debt; and by threatening to take legal action without actually intending to do so In addition, the lawsuit alleges that Performance Asset Recovery violated the Texas Debt Collection Act and invaded our client’s privacy.