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Case 1:09-cv-00680-WDM-BNB Document 1 Filed 03/26/09 USDC Colorado Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO



Civil Action No.:

JOSHUA JACKSON,

Plaintiff,

v.

DIVERSIFIED COLLECTION SERVICES, INC., a California corporation,

Defendant.



COMPLAINT AND JURY DEMAND



1.

2.

JURISDICTION

Jurisdiction of this Court arises under 28 U.S.C. § 1331 and 15 U.S.C. § 1692k(d).

This action arises out of the Defendant’s violations of the Fair Debt Collection

Practices Act, 15 U.S.C. § 1692 et seq. (hereinafter the “FDCPA”).

VENUE

3.

Venue is proper in this District because the acts and transactions occurred here,

the Plaintiff resides here, and the Defendant transacts business here.

PARTIES

4.

Plaintiff, Joshua Jackson, is a natural person who resides in the City of Pueblo,

County of Pueblo, State of Colorado.

5.

The Plaintiff is a “consumer” as that term is defined by 15 U.S.C. § 1692a(3).





Case 1:09-cv-00680-WDM-BNB Document 1 Filed 03/26/09 USDC Colorado Page 2 of 6

6.

Defendant, Diversified Collection Services, Inc., is a California corporation

operating from an address at 333 N. Canyons Parkway, Suite 100, Livermore,

California 94551.

7.

The Defendant’s registered agent in the state of Colorado is The Corporation

Company, 1675 Broadway, Suite 1200, Denver, Colorado, 80202.

8.

9.

The Defendant is a “debt collector” as that term is defined by 15 U.S.C. § 1692a(6).

The Defendant is licensed as a collection agency by the state of Colorado.

10.

The principal purpose of the Defendant is the collection of debts using the mails

and telephone.

11.

The Defendant regularly attempts to collect debts alleged to be due another.

FACTUAL ALLEGATIONS

12. Sometime before June 2008 the Plaintiff allegedly incurred a financial obligation

that was primarily for personal, family or household purposes namely an amount

due and owing on a personal account (hereinafter the “Account”).

The Account is a “debt” as that term is defined by 15 U.S.C. § 1692a(5).

The Account went into default with the original creditor.

13.

14.

15. Sometime after the Account went into default the Account was placed or

otherwise transferred to the Defendant for collection from the Plaintiff.

16.

In the year prior to the filing of the instant action the Plaintiff received telephone

calls from the Defendant and / or representatives, employees and / or agents of

the Defendant who were attempting to collect the Account. The Plaintiff called the





Case 1:09-cv-00680-WDM-BNB Document 1 Filed 03/26/09 USDC Colorado Page 3 of 6

Defendant in response to the telephone calls. These telephone calls each

individually constituted a “communication” as defined by FDCPA § 1692a(2).

17.

In the year prior to the filing of the instant action the Defendant and / or

representatives, employees and / or agents of the Defendant attempting to

collect the Account called the Plaintiff at his place of employment after the

Plaintiff told the Defendant and / or representatives, employees and / or agents of

the Defendant to stop calling him at work and that he can get in trouble for the

telephone calls at work.

18. During the telephone calls the Defendant and / or representatives, employees

and / or agents of the Defendant attempting to collect the Account falsely

19.

20.

21.

22.

threatened to garnish the Plaintiff’s wages at $100.00 a week.

The Defendant has not filed any legal action(s) against the Plaintiff.

The Defendant has not received any judgment(s) against the Plaintiff.

The Defendant has not garnished the Plaintiff’s wages.

The statements and actions were undertaken by the Defendant and its

representatives, employees and / or agents as part of a campaign of abusive and

unlawful collection tactics directed at the Plaintiff.

23.

The Defendant and its representatives, employees and / or agents statements

and actions constitute illegal communication in connection with debt collection

and therefore violate FDCPA 1692c(a)(1) and c(a)(3).







Case 1:09-cv-00680-WDM-BNB Document 1 Filed 03/26/09 USDC Colorado Page 4 of 6

24.

The Defendant and its representatives, employees and / or agents statements

and actions constitute harassment or abuse and therefore violate FDCPA 1692d

preface and d(2).

25.

The Defendant and its representatives, employees and / or agents statements

and actions constitute false and misleading representations and means and

violate FDCPA 1692e preface, e(2)(A), e(3), e(4), e(5), e(7), e(10) and e(11).

26.

The Defendant and its representatives, employees and / or agents statements

and actions constitute unfair or unconscionable means to collect or attempt to

collect a debt and violate FDCPA 1692f preface.

27.

The Defendant’s statements and actions as well as

that of

its

representatives, employees and / or agents were attempts to frighten,

harass and abuse the Plaintiff into paying the alleged debt.

28.

The Defendant’s statements and actions as well as

that of

its

representatives, employees and / or agents were willful and intentional

violations of the FDCPA.

29. As a consequence of the Defendant’s collection activities and

communications, the Plaintiff has sustained actual damages including

emotional distress.

The representatives and / or collectors at the Defendant were employees of and

RESPONDEAT SUPERIOR



agents for the Defendant at all times mentioned herein.



30.



Case 1:09-cv-00680-WDM-BNB Document 1 Filed 03/26/09 USDC Colorado Page 5 of 6

31.

The representatives and / or collectors at the Defendant were acting within the

course and scope of their employment at all times mentioned herein.

32.

The representatives and / or collectors at the Defendant were under the direct

supervision and control of the Defendant at all times mentioned herein.

33.

The actions of the representatives and / or collectors at the Defendant are

imputed to their employer, the Defendant.

34. As a direct and proximate result of the aforesaid actions, the Plaintiff has suffered

the aforementioned damages.

COUNT I, FDCPA VIOLATIONS

35. The previous paragraphs are incorporated into this Count as if set forth in full.

36. The acts and omissions of the Defendant and its representatives, employees and



/ or agents constitute numerous and multiple violations of the FDCPA, including

but not limited to § 1692c(a)(1), c(a)(3), § 1692d preface, d(2), § 1692e preface,

e(2)(A), e(3), e(4), e(5), e(7), e(10), e(11) and § 1692f preface.

37. The Defendant’s violations are multiple, willful and intentional.

38. Pursuant to FDCPA section 1692k the Plaintiff is entitled to actual damages,

statutory damages up to $1,000.00, reasonable attorney's fees and costs.















Case 1:09-cv-00680-WDM-BNB Document 1 Filed 03/26/09 USDC Colorado Page 6 of 6

JURY TRIAL DEMAND

The Plaintiff is entitled to and hereby demands a trial by jury. U.S. Const. amend. 7.,

Fed. R. Civ. Pro. 38.

PRAYER

WHEREFORE, the Plaintiff prays that the Court grants the following:

1. Actual damages under 15 U.S.C. § 1692k(a)(1).

2.

3.

Statutory damages under 15 U.S.C. § 1692k(a)(2)(A).

Reasonable attorneys fees and costs pursuant to 15 U.S.C. § 1692k(a)(3).

4. Such other and further relief as the Court deems just and proper.

Respectfully submitted,


_s/ David M. Larson___________
David M. Larson, Esq.
405 S. Cascade Avenue, Suite 305
Colorado Springs, CO 80903
(719) 473-0006
Attorney for the Plaintiff