MIAMI – A Miami Shores couple claims that a Massachusetts debt collection agency caused them emotional distress with its frequent calling for an alleged debt for their son.
Evena Horenstein and Randy Horenstein filed a complaint on April 15 in the U.S. District Court for the Southern District of Florida, Miami Division against Delta Management Associates Inc., citing violation of the Fair Debt Collection Practices Act, the Florida Consumer Collection Practices Act and the Telephone Consumer Protection Act.
According to the complaint, the plaintiffs allege that within the past 12 months, they began receiving calls on their cellular phones from the defendant in connection with a collection of a purported debt for their son. They allege the calls continued despite their request that the defendant stop calling them and after they informed the defendant that they had retained an attorney to represent them.
The plaintiff holds Delta Management Associates Inc., responsible because the defendant allegedly made calls with such frequency which can reasonably be expected to abuse or harass. The calls were made using an automatic telephone dialing system and/or an artificial or prerecorded voice, the suit states.
The plaintiff requests a trial by jury and seeks an order enjoining defendant from placing further calls to their cellular phones, compensation for all damages, costs and reasonable attorney’s fees and for such other legal and/or equitable relief as the court may deem appropriate. They are represented by Sharina T. Romano of Hyslip & Taylor LLC LPA in Chicago, Illinois.
U.S. District Court for the Southern District of Florida, Miami Division Case number 1:16-cv-21361