IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Larry Johnson Plaintiff vs. Nations Recovery Center Defendant __________________________/

Case # 11-20274-CIV-KING

Plaintiffs Complaint For Violations Of The Fair Debt Collection Procedure Act Larry Johnson appearing pro se files this Complaint against the Defendant, Nations Recovery Center, 6491 Peachtree Industrial Blvd., Atlanta, Ga. 303602100, is a debt collector within the meaning of the Fair Debt Collection Procedure Act. (Hereafter FDCPA).

Jurisdiction and Venue This is an action arising under the FDCPA to obtain monetary civil penalties, and other equitable relief for Defendants violation of the FDCPA. Venue is proper in the U.S.District Court for the Southern District of Florida under 15 U.S.C. 1692 k (d).
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Factual Basis 1. Nations Recovery Center is a debt collector as defined by the FDCPA. Crystal (last name unknown) an employee of Nations Recovery Center (hereafter NRC) called my place of employment and left a voicemail to my supervisor, Monica Green about an alleged debt that I may or may not have owed. 2. Crystal also left a voicemail recording on my telephone stating that she was calling to collect a debt that was dueshe also stated that she had spoken with my supervisor concerning this debt.

3. I informed NRC that I did not owe this debt and demanded validation. 4. A compact disc recording to confirm the foregoing will be provided to the Court as supporting evidence.

COUNT ONE The FDCPA does not allow a debt collector to leave voice mail messages that may be heard by a third party. The act of leaving a voice mail recording on my telephone is in violation of 15 U.S.C. 1692 c (b).

COUNT TWO The Defendants communication with my work supervisor, Monica Green is in violation of 15 U.S.C. 1692 c (b).

COUNT THREE Monica Green is employed in the Human Resources Department for the company I work for One United BankNRCs unauthorized communication with Ms.Green infers a false implication that garnishment was being sought. This is a violation of 15 U.S.C. 1692 e (4)(5)(10). A debt collector may not use any false, deceptive, or misleading representation or means to collect a debt.

COUNT FOUR A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. NRCs communication with Monica Green was a non-judicial action to effect dispossession or disablement of propertymy job and salary re property as defined herein. Contact with the Human Resources Dept. was an attempt to embarrass and/ or cause loss of employment in violation of 15 U.S.C. 1692 f (6).

COUNT FIVE A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. All actions of the Defendant were taken to harass, oppress, and abuse Larry Johnson in violation of 15 U.S.C. 1692 d.

COUNT SIX In consideration of the CD recording and case law Plaintiff has attempted to settle these issues out of court. The Defendant NRC has refused any form of compromise. Defendant has engaged in stubborn litigious behaviorforcing the Courts intervention.

CIVIL PENALTIES FOR VIOLATIONS OF THE FDCPA Defendant NRC has violated the FDCPA as described herein with actual knowledge or knowledge fairly implied on the basis of objective circumstances as set forth in the FDCPA. The Plaintiff seeks monetary civil penalties for each violation of the FDCPA.Plaintiff has attempted to resolve these issues with the Defendant NRC prior to the filing of this complaintthe Plaintiff also seeks monetary civil penalties of not more than $11,000 for each violation of the FDCPA as authorized by Section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461, as amended.

PRAYER FOR RELIEF WHEREFORE, Larry Johnson, pursuant to the FDCPA and the Courts own equitable powers, respectfully that the Court: Enter a permanent injunction to prevent future violations of the FDCPA by Defendant NRC. Award such relief as the Court finds necessary to redress injury to Larry Johnson resulting from Defendant NRCs violations of the FDCPA. Award Larry Johnson monetary civil penalties for each violation of the FDCPA as alleged in the Complaint. Award Larry Johnson monetary civil penalties of not more than $11,000 for each violation of the FDCPA as authorized by Section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461, as amended. Respectfully Submitted, ____________________ LARRY JOHNSON In Pro Se 2920 N.W. 92nd Street Miami, Fla. 33147 _________________ DATE