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ST. LOUIS RECORD

Friday, March 29, 2024

Caliber Home Loans tried to collect on debt that was discharged in bankruptcy, lawsuit claims

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ST. LOUIS — A man is suing Caliber Home Loans Inc., citing alleged violation of the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA).

Todd E. Stewart filed a complaint in the U.S. District Court for the Eastern District of Missouri against Caliber Home Loans alleging that the lender violated FDCPA through abusive, deceptive and unfair debt collection practices.

According to the complaint, the plaintiff alleges that since Sept. 7, he has experienced extreme emotional distress, loss of sleep and undue stress and anxiety as a result of the defendant's persistent and unlawful conduct of sending letters and incessantly calling to collect on a debt despite knowledge that the alleged debt was fully discharged in bankruptcy. The plaintiff holds Caliber Home Loans responsible because the defendant allegedly failed to validate the character, amount or legal status of the debt and attempted to collect from plaintiff by virtue of the automatic stay and discharge injunction.

The plaintiff requests a trial by jury and seeks judgment against defendant, declaratory relief, injunction against further violations, statutory damages of $1,000, actual damages, costs, attorney's fees and further relief as the court deems just. He is represented by Robert T. Healey of Healey Law LLC in Chesterfield.

U.S. District Court for the Eastern District of Missouri Case number 16-cv-01938

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