EMC Mortgage Corp. v. Jones

In EMC Mortgage Corp. v. Jones, 252 S.W.3d 857 (Tex. App.--Dallas 2008, no pet.), the Court held there was sufficient evidence for a jury to infer that a man who entered the plaintiffs' home and engaged in unreasonable debt collection practices was an agent of EMC. Id. at 870. The evidence in Jones included a statement by the man to the plaintiffs that he "was there on behalf of EMC." Id. In addition, the man showed up at the house the day before the plaintiffs were sent an eviction letter from the law firm acting on behalf of EMC. Id. EMC presented no evidence to show the man at issue was not acting on its behalf and stated only that it had no record of a person representing EMC going to the property. Id.