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Susan Davis v. Charles G. McCarthy, Jr.

Court:
District of Kansas
Subject Matter:
Consumer Protection
Procedural Posture:
Jury Trial
  • Susan Davis v. Charles G. McCarthy, Jr.
    Susan Davis v. Charles G. McCarthy, Jr.
    Susan Davis v. Charles G. McCarthy, Jr., Case Number 2:13-cv-02233, 480 Consumer Credit Case, Jury Trial, 11/4/14, 9:10 A.M. (CTS), Robert J. Dole U. S. Courthouse, Kansas City, KS. Chief Judge Kathryn H. Vratil presiding.

    Susan Davis v. Charles G. McCarthy, Jr., Case Number 2:13-cv-02233, 480 Consumer Credit Case, Jury Trial, 11/4/14, 9:10 A...

Case Summary: 13-CV-02233

Plaintiff, Susan Davis, brought this action against Defendant, Charles G. McCarthy, alleging abusive debt collection practices. Plaintiff’s daughter financed furniture through a retailer by completing a consumer loan application. Plaintiff alleges that Defendant, an employee of a debt collection agency, continuously called her personal cell phone in an attempt to collect the debt from her daughter. Defendant rejects this argument, asserting that he did not make numerous calls and his actions fell within the law.

In this video, the Court hears arguments from Plaintiff and Defendant in a jury trial regarding the debt collection practices. Plaintiff’s counsel calls Susan Davis and two of her co-workers as witnesses to testify regarding the calls from Defendant. Plaintiff also calls Defendant as a witness to testify regarding his calling methods. Defendant calls witnesses from the debt collection agency to testify about company procedures for contacting a debtor. The jury ultimately decides that Plaintiff should not recover damages and that the claim be dismissed. Defendant is awarded costs.

Case Highlights

  • Complaint filed 5/16/2013 (Doc #1)
  • Answer filed 6/21/2013 (Doc #4)
  • Motion for Summary Judgment filed 4/4/2014 (Doc #26)

Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit Pacer.gov.