Caputo v. Professional Recovery Services, Inc.
United States District Court for the District of Kansas
261 F. Supp. 2d 1249 (2003)
- Written by Heather Whittemore, JD
Facts
Michael D. Caputo (plaintiff), a disabled veteran, purchased a lawn mower with a credit card. When Caputo failed to repay his credit card debt, the credit card company hired Professional Recovery Services, Inc. (the collection agency) (defendant) to collect the debt. John P. Marzulli (defendant), an employee of the collection agency, called Caputo several times and told Caputo that he could be convicted of a federal crime for failing to pay his credit card bill. In the phone calls, Marzulli also highlighted the fact that Caputo was receiving disability benefits, threatened to put liens on his property, and warned Caputo that he would tell his other creditors about the delinquent credit card bill. As a result of the phone calls, Caputo experienced mental-health issues and sought additional counseling and medication from his psychologist. Caputo sued the collection agency and Marzulli in federal district court for intentional infliction of emotional distress. The collection agency and Marzulli moved for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Crow, J.)
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