Case 2:11-cv-05366-SJO -SP Document 1

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For this Complaint, the Plaintiff, Marquise Baptiste, by undersigned counsel, states as follows: JURISDICTION 1. This action arises out of Defendants repeated violations of the Fair Debt

Collection Practices Act, 15 U.S.C. 1692, et seq. (FDCPA), and the invasions of Plaintiffs personal privacy by the Defendants and its agents in their illegal efforts to

9 collect a consumer debt. 2. 3. Supplemental jurisdiction exists pursuant to 28 U.S.C. 1367. Venue is proper in this District pursuant to 28 U.S.C. 1391(b), in that

13 Defendants transact business here and a substantial portion of the acts giving rise to this action occurred here. PARTIES 4. The Plaintiff, Marquise Baptiste (hereafter Plaintiff), is an adult

19 individual residing at 8200 Haven Ave Apt# 7202, Rancho Cucamonga, California 20 91730, and are each a consumer as the term is defined by 15 U.S.C. 1692a(3). 21 22 5. Defendant, National Attorney Collection Services, Inc. (NACS), is a

23 California business entity with an address of 3940 Laurel Canyon Blvd. Unit 607 24 Studio City, California 91604, operating as a collection agency, and is a debt 25 26 27 28
2 COMPLAINT FOR DAMAGES

collector as the term is defined by 15 U.S.C. 1692a(6).

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6.

Does 1-10 (the Collectors) are individual collectors employed by

NACS and whose identities are currently unknown to the Plaintiff. One or more of

4 the Collectors may be joined as parties once their identities are disclosed through 5 discovery. 6 7. 7 8 9 10 11 12 13 14 15 16 18 19 20 21 23 24 B. 25 26 27 Debt. 28
3 COMPLAINT FOR DAMAGES

NACS at all times acted by and through one or more of the Collectors. ALLEGATIONS APPLICABLE TO ALL COUNTS

A.

The Debt 8. The Plaintiff allegedly incurred a financial obligation in the approximate

amount of $300.00 (the Debt) to QC Holdings (the Creditor). 9. The Debt arose from services provided by the Creditor which were

primarily for family, personal or household purposes and which meets the definition

17 of a debt under 15 U.S.C. 1692a(5). 10. The Debt was purchased, assigned or transferred to NACS for collection,

or NACS was employed by the Creditor to collect the Debt. 11. The Defendants attempted to collect the Debt and, as such, engaged in

22 communications as defined in 15 U.S.C. 1692a(2). Engages in Harassment and Abusive Tactics 12. Within the last year, NACS contacted Plaintiff in an attempt to collect the

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13.

NACS threatened to take immediate legal action against Plaintiff if he

did not immediately pay the Debt. To this date, no such action has taken place. 14. NACS told Plaintiff that the total amount of the Debt was $4,500. The

5 original balance of the Debt was approximately $300. 6 15. NACS stated they would exercise the law to the fullest extent and 7 8 intimated that Plaintiff could be arrested for his failure to pay the Debt. Plaintiff 9 became frightened and distressed over these insinuations and grew fearful that he 10 would be incarcerated. 11 16. The Plaintiff asked NACS to verify his personal information to ensure 12 13 that the collector was attempting to collect a valid debt. NACS gave Plaintiff the 14 wrong date of birth and then terminated the conversation with Plaintiff while Plaintiff 15 16 was speaking. 17 18 19 20 law. 18. NACS failed to identify itself when speaking with Plaintiff and failed to 17. The Defendants failed to send a 30-Day Validation letter as required by

21 inform Plaintiff that the call was an attempt to collect a debt. 22 19. Plaintiff called the Defendants in an attempt to verify the validity of the 23 24 debt. The Defendants would not verify his personal information and instead 25 threatened him with an immediate wage garnishment if Plaintiff did not pay the sum 26 of $4,500 immediately. 27 28
4 COMPLAINT FOR DAMAGES

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Plaintiff Suffered Actual Damages 20. The Plaintiff has suffered and continues to suffer actual damages as a

result of the Defendants unlawful conduct. 21. As a direct consequence of the Defendants acts, practices and conduct,

7 the Plaintiff suffered and continues to suffer from humiliation, anger, anxiety, emotional distress, fear, frustration and embarrassment. 22. The Defendants conduct was so outrageous in character, and so extreme

11 in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. COUNT I VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. 1692, et seq. 23. The Plaintiff incorporates by reference all of the above paragraphs of this

18 Complaint as though fully stated herein. 24. The Defendants placed calls to the Plaintiff without disclosing the

21 identity of the debt collection agency, in violation of 15 U.S.C. 1692d(6). 25. The Defendants misrepresented the character, amount and legal status of

the debt, in violation of 15 U.S.C. 1692e(2). 26. The Defendants threatened the Plaintiff with imprisonment if the debt

26 was not paid, in violation of 15 U.S.C. 1692e(4).

COMPLAINT FOR DAMAGES

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27.

The Defendants threatened the Plaintiff with garnishment if the debt was

not paid, in violation of 15 U.S.C. 1692e(4). 28. The Defendants threatened to take legal action, without actually

5 intending to do so, in violation of 15 U.S.C. 1692e(5). 6 29. The Defendants failed to inform the consumer that the communication 7 8 was an attempt to collect a debt, in violation of 15 U.S.C. 1692e(11). 9 10 11 12 30. The Defendants failed to send the Plaintiff a validation notice stating the

amount of the debt, in violation of 15 U.S.C. 1692g(a)(1). 31. The Defendants failed to send the Plaintiff a validation notice stating the

13 name of the original creditor to whom the debt was owed, in violation of 15 U.S.C. 14 1692g(a)(2). 15 16 32. The Defendants failed to send the Plaintiff a validation notice stating the 17 Plaintiffs right to dispute the debt within thirty days, in violation of 15 U.S.C. 18 1692g(a)(3). 19 20 33. The Defendants failed to send the Plaintiff a validation notice informing 21 the Plaintiff of a right to have verification and judgment mailed to the Plaintiff, in 22 violation of 15 U.S.C. 1692g(a)(4). 23 24 34. The Defendants failed to send the Plaintiff a validation notice containing 25 the name and address of the original creditor, in violation of 15 U.S.C. 1692g(a)(5). 26 27 28
6 COMPLAINT FOR DAMAGES

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35.

The foregoing acts and omissions of the Defendants constitute numerous

and multiple violations of the FDCPA, including every one of the above-cited

4 provisions. 36. violations. COUNT II VIOLATION OF THE ROSENTHAL FAIR DEBT COLLECTION PRACTICES ACT, Cal. Civ. Code 1788 et seq. 37. The Plaintiff incorporates by reference all of the above paragraphs of this The Plaintiff is entitled to damages as a result of the Defendants

12 Complaint as though fully stated herein. 13 38. The Rosenthal Fair Debt Collection Practices Act, California Civil Code 14 15 section 1788 et seq. (Rosenthal Act) prohibits unfair and deceptive acts and 16 practices in the collection of consumer debts. 17 39. NACS, in the regular course of business, engages in debt collection and 18 19 is a debt collector as defined by Cal. Civ. Code 1788.2(c). 20 21 22 23 paid, in violation of Cal. Civ. Code 1788.10(e). 41. The Defendants did not disclose the identity of the debt collection agency 40. The Defendants threatened the Plaintiff with arrest if the debt was not

24 when communicating with the Plaintiff, in violation of Cal. Civ. Code 1788.11(b). 25 42. The Defendants failed to comply with the provisions of 15 U.S.C. 26 27 1692, et seq., in violation of Cal. Civ. Code 1788.13(e). 28
7 COMPLAINT FOR DAMAGES

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43.

The Defendants falsely represented that the Plaintiffs debt would be

increased by the addition of attorneys fees, investigation fees, service fees, finance

4 charges or other charges, when the charges could not be legally added to the debt, in 5 violation of Cal. Civ. Code 1788.13(e). 6 44. The Defendants falsely represented that a legal proceeding had been or 7 8 was about to be instituted unless the debt was paid immediately, in violation of Cal. 9 Civ. Code 1788.13(j). 10 45. The Defendants did not comply with the provisions of Title 15, Section 11 12 1692 of the United States Code, in violation of Cal. Civ. Code 1788.17. 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 A. Actual damages pursuant to 15 U.S.C. 1692k(a)(1) against the Defendants; B. Statutory damages of $1,000.00 pursuant to 15 U.S.C. 1692k(a)(2)(A) against the Defendants; C. Costs of litigation and reasonable attorneys fees pursuant to 15 U.S.C. 1692k(a)(3) against the Defendants;
8 COMPLAINT FOR DAMAGES

46. violations.

The Plaintiff is entitled to damages as a result of the Defendants

PRAYER FOR RELIEF WHEREFORE, the Plaintiff prays that judgment be entered against the

19 Defendants:

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D. Actual damages pursuant to Cal. Civ. Code 1788.30(a); E. Statutory damages of $1,000.00 for knowingly and willfully committing violations pursuant to Cal. Civ. Code 1788.30(b); F. Actual damages from the Defendants for the all damages including emotional distress suffered as a result of the intentional, reckless, and/or negligent FDCPA violations and intentional, reckless, and/or negligent invasions of privacy in an amount to be determined at trial for the Plaintiff; G. Punitive damages; and H. Such other and further relief as may be just and proper. TRIAL BY JURY DEMANDED ON ALL COUNTS

DATED: June 27, 2011

TAMMY HUSSIN

By: Tammy Hussin Of Counsel Lemberg & Associates, LLC Attorney for Plaintiff, Marquise Baptiste

COMPLAINT FOR DAMAGES

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