FORT MYERS — A Florida man is suing Portfolio Recovery Associates, alleging the debt collection company harassed him over the phone to the point of mental breakdown.
Daniel Shotts filed a lawsuit on Dec. 11 in U.S. District Court for the Middle District of Florida Fort Myers Division against Portfolio Recovery Associates LLC, citing violations of the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and the Florida Consumer Collection Practices Act (FCCPA).
The defendant was a debt collector that had purchased a debt the plaintiff owed to Sears National Bank, the lawsuit claims. The defendant allegedly began debt collection activity after purchasing the debt in May 2002, and shortly afterward, the plaintiff sent a letter revoking consent to be contacted, the lawsuit contends. Shotts claims that between May 2002 and Feb. 23, 2015, the defendant continued placing multiple collection phone calls and sending multiple collection letters, while the plaintiff continued to send letters revoking consent to be contacted.
On Jan. 30, 2015, the plaintiff reportedly retained counsel to stop the alleged harassment by the defendant, followed by sending another letter to the defendant revoking consent to be contacted. On Feb. 23, the defendant signed for the certified letter revoking consent but allegedly continued to make debt collection phone calls, the lawsuit claims.
The plaintiff claims that at one point during this years-long activity, he suffered a mental collapse on Sept. 22, 2012, as a result of the stress incurred from the debt collection calls. He avers that the defendant violated the TCPA, FDCPA, and the FCCPA over the years of alleged harassment.
Shotts seeks actual damages, statutory damages, treble statutory damages, attorney’s fees, and costs. He is represented by Nicholas Michael Murado of Murado Law, PA, in Miramar, Florida.
US District Court for the Fort Myers Division of the Middle District of Florida Case number 2:15-cv-00776-SPC-CM