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Consumer Law Keyed to Whaley, 9th Ed.
Norris v. Moskin Stores, Inc.
Citation:
132 So. 2d 321 (1961)Facts
Nealus E. Norris brought an action for damages against Moskin Stores, Inc. and Morris Nathan for invasion of privacy and interference with marital relations. The defendants operated a commercial business and attempted to collect money allegedly owed by Norris. An agent of the defendants, acting within the scope of employment, telephoned Norris’s wife twice at her place of employment, identifying herself as “Doris” and claiming she had met and dated Norris in Indiana. The agent stated she needed to meet with Norris alone on a matter of importance and left a telephone number. On the same date, the agent called Norris’s sister-in-law inquiring about his whereabouts and employment, stating she was “in trouble” and needed to contact him. When informed Norris was married, the agent stated “he told me he wasn’t married.” These communications led the recipients to believe Norris was engaging in activities contrary to his marital status. The calls never mentioned the alleged debt. As a result, Norris suffered humiliation, embarrassment, disruption of marital relations, temporary separation from his wife, mental anguish, and damage to his character and reputation.
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