April 30, 2014
- 115 Damages
- 115III Grounds and Subjects of Compensatory Damages
- 115III(A) Direct or Remote, Contingent, or Prospective Consequences or Losses
- 115III(A)2 Mental Suffering and Emotional Distress
- 115k57.40 k. Debt Collection Practices.
Under New York law, debtor’s allegations that debt collector called her cellular phone 9,500 times in 11 months, threatened her with arrest, and ignored debtor’s efforts to end collector’s activities which put collector on notice of her mental disability stated a claim for intentional infliction of emotional distress.
Hamlett v. Santander Consumer USA Inc., 931 F. Supp.2d 451 (E.D.N.Y. 2013)