ST. LOUIS — A Missouri attorney is suing a debt collector, citing alleged violation of telephone harassment statutes.
James W. Schottel Jr. filed a complaint July 28 in the U.S. District Court for the Eastern District of Missouri Eastern Division against Student Assistance Corp., alleging that the debt collector violated the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that between Jan. 18 and April 13, he had two serious surgeries that delayed his student loan payments to Navient Corp. The plaintiff claims he was in continuous contact with Navient regarding his condition, but despite his updates, the defendant constantly called his cellphone in an effort to collect his debt to Navient while he was rehabilitating from his surgeries.
The plaintiff holds Student Assistance responsible because the defendant allegedly failed to get authorization or consent before contacting the plaintiff, allegedly lied to the plaintiff and contacted the plaintiff's relatives to collect the debt.
The plaintiff requests a trial by jury and seeks judgment for compensatory and punitive damages, attorney's fees, injunctive relief to cease calling, costs and other relief as may be just under the circumstances. He is representing himself.
U.S. District Court for the Eastern District of Missouri Eastern Division case number 4:17-cv-02165-HEA