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Case 1:13-cv-01108-WJM-BNB Document 1 Filed 04/25/13 USDC Colorado Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO



Civil Action No.:

MARY YOUNG,

Plaintiff,

v.

LVNV FUNDING, LLC, a Delaware limited liability company,

Defendant.



COMPLAINT AND JURY DEMAND



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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 violation of the Fair Debt Collection

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

VENUE

Venue is proper in this Judicial District.

The acts and transactions alleged herein occurred in this Judicial District.

The Plaintiff resides in this Judicial District.

The Defendant transacts business in this Judicial District.

Plaintiff Mary Young is a natural person.

PARTIES

The Plaintiff resides in the City of Aurora, County of Arapahoe, State of Colorado.

Case 1:13-cv-01108-WJM-BNB Document 1 Filed 04/25/13 USDC Colorado Page 2 of 8

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

10.

The Plaintiff is a “any person” as that term is used in 15 U.S.C. § 1692d preface.

11. Defendant LVNV Funding, LLC is a Delaware limited liability company operating

from an address at 625 Pilot Road, Suite 2, Las Vegas, Nevada, 89119.

12.

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

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

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.

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

and telephone.

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

The Defendant regularly collects or attempts to collect, directly or indirectly, debts

owed or due or asserted to be owed or due another that arose out of transactions in

which the money, property or services which are the subject of the transactions are

primarily for personal, family or household purposes.

FACTUAL ALLEGATIONS

18. Sometime before 2012 the Plaintiff allegedly incurred a financial obligation that

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

and owing on personal account owed to MCI Communications Services, Inc.

(hereinafter the “Account”).

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

The Account went into default with MCI Communications Services, Inc..


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19.

20.



Case 1:13-cv-01108-WJM-BNB Document 1 Filed 04/25/13 USDC Colorado Page 3 of 8

21. After the Account went into default with it was placed or otherwise transferred to

the Defendant for collection.

22.

The Defendant alleges that it purchased the Account after it went into default with

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24.

MCI Communications Services, Inc..

The Plaintiff disputes the Account.

The Plaintiff requests that the Defendant cease all further communication on the

Account.

25.

The Defendant’s collector(s) were employee(s) and/or agent(s) of the Defendant

at all times mentioned herein.

26.

The Defendant acted at all times mentioned herein through its employee(s)

and/or agent(s) including ALW Sourcing, LLC.

27.

In 2012 the Defendant placed the Account with ALW Sourcing, LLC for collection

from the Plaintiff.

28.

In the year prior to the filing of the instant action the Plaintiff and the Defendant

via its agent(s), including ALW Sourcing, LLC, had telephone conversation(s)

regarding the Account.

29.

The Defendant’s purpose for these telephone conversation(s) was to attempt to

collect the Account.

30.

The telephone conversation(s) each individually conveyed information regarding

the Account directly or indirectly to the Plaintiff.

31.

The telephone conversation(s) each individually constituted a “communication”

as defined by FDCPA § 1692a(2).




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Case 1:13-cv-01108-WJM-BNB Document 1 Filed 04/25/13 USDC Colorado Page 4 of 8

32.

The only reason that the Defendant and / or representative(s), employee(s) and /

or agent(s) of the Defendant, including ALW Sourcing, LLC, had telephone

conversation(s) with the Plaintiff was to attempt to collect the Account.

33. During the telephone conversation(s) the Defendant and / or representative(s),

employee(s) and / or agent(s) of the Defendant while attempting to collect the

Account represented to the Plaintiff that she had to pay the Account to get the

Account off of the credit bureau reports and that the Account will stay on the

credit bureau reports until it is paid.

34.

The Defendant’s representations stated in paragraph 33 were false and were

false representations in connection with the collection of a debt, the Account.

35. Upon information and belief the Defendant kept written documentation and / or

computer record(s) that document telephone conversation(s) with the Plaintiff

regarding the Account in the year prior to the filing of the instant action.

36. Upon information and belief the Defendant via its agent, ALW Sourcing, LLC,

made audio recording(s) of some of its telephone conversation(s) with the

Plaintiff in the year prior to the filing of the instant action.

37. Upon information and belief the Defendant via its agent, ALW Sourcing, LLC,

made audio recording(s) of all of its telephone conversation(s) with the Plaintiff in

the year prior to the filing of the instant action.

38. Upon information and belief the Defendant via its agent, ALW Sourcing, LLC, has

a copy or copies of

the audio recording(s) of some of

its

telephone

conversation(s) with the Plaintiff in the year prior to the filing of the instant action.




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39. Upon information and belief the Defendant via its agent, ALW Sourcing, LLC, has

a copy or copies of the audio recording(s) of all of its telephone conversation(s)

with the Plaintiff in the year prior to the filing of the instant action.

40. Upon information and belief in the time between when it received this Complaint

and Jury Demand and when a Answer to this Complaint and Jury Demand was

filed on its behalf with the Court the Defendant via its agent, ALW Sourcing, LLC,

made an inquiry and/or investigation as to whether it had any audio recording(s)

of any telephone conversation(s) between the Defendant and the Plaintiff.

41. Upon information and belief the Defendant via its agent, ALW Sourcing, LLC,

sent copy(s) of any audio recording(s) that it had of telephone conversation(s)

between the Defendant and the Plaintiff to the attorney and/or the law firm who

employs the attorney who is filing the Answer to this Complaint and Jury Demand

on behalf of the Defendant.

42. Upon information and belief the Defendant’s and its agent’s, Financial Recovery







Services, Inc., copies of the audio recording(s) of its telephone conversation(s)

with the Plaintiff in the year prior to the filing of the instant action substantiate the

Plaintiff’s allegations in this action.

43.

The Defendant and its representative(s), employee(s) and / or agent(s)

statement(s) and action(s) constitute false or misleading representation(s) or

mean(s) and violate FDCPA 1692e preface, e(2)(A), e(8) and e(10).




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Case 1:13-cv-01108-WJM-BNB Document 1 Filed 04/25/13 USDC Colorado Page 6 of 8

44.

The Defendant and its representative(s), employee(s) and / or agent(s)

statement(s) and action(s) constitute unfair or unconscionable means to collect

or attempt to collect a debt and violate FDCPA 1692f preface.

45.

“The Act is a strict liability statute; violations of the Act do not need to be

intentional to be actionable.” Smith v. National Credit Systems, Inc., 807

F.Supp.2d 836, 840 (D.Az. 2011).

46.

“Because the FDCPA “is a “strict liability statute,” Plaintiff need only demonstrate

“one violation of its provisions” to be entitled to a favorable judgment.” Doshay v.

Global Credit and Collection Corporation, 796 F.Supp.2d 1301, 1304 (D.Colo.

2011).

47.

The FDCPA is a remedial statute, it should be construed liberally in favor of the

consumer. Johnson v. Riddle, 305 F.3d 1107, 1117 (10th Cir. 2002).

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

communication(s), the Plaintiff seeks damages pursuant to FDCPA

1692k(a).

49.

The representative(s) and / or collector(s) at the Defendant were employee(s) of

RESPONDEAT SUPERIOR



the Defendant at all times mentioned herein.

50.

The representative(s) and / or collector(s) at the Defendant were agent(s) of the

Defendant at all times mentioned herein.

51.

The representative(s) and / or collector(s) at the Defendant were acting within the

course of their employment at all times mentioned herein.




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Case 1:13-cv-01108-WJM-BNB Document 1 Filed 04/25/13 USDC Colorado Page 7 of 8

52.

The representative(s) and / or collector(s) at the Defendant were acting within the

scope of their employment at all times mentioned herein.

53.

The representative(s) and / or collector(s) at the Defendant were under the direct

supervision of the Defendant at all times mentioned herein.

54.

The representative(s) and / or collector(s) at the Defendant were under the direct

control of the Defendant at all times mentioned herein.

55.

The actions of the representative(s) and / or collector(s) at the Defendant are

imputed to their employer, the Defendant.

56. As a direct and proximate result of the aforesaid actions, the Plaintiff seeks

damages pursuant to FDCPA 1692k(a).

COUNT I, FDCPA VIOLATION

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

58. The act(s) and omission(s) of the Defendant and its representative(s),

employee(s) and / or agent(s) violated the FDCPA, § 1692e preface, e(2)(A),

e(8), e(10) and § 1692f preface.

59. Pursuant to FDCPA section 1692k the Plaintiff seeks damages, reasonable

attorney's fees and costs.












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Case 1:13-cv-01108-WJM-BNB Document 1 Filed 04/25/13 USDC Colorado Page 8 of 8

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.

DEMAND FOR RELIEF

WHEREFORE, the Plaintiff requests that the Court grant the following:

1.

Judgment in favor of the Plaintiff and against the Defendant.

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Damages pursuant to 15 U.S.C. § 1692k(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.
88 Inverness Circle East, Suite I-101
Englewood, CO 80112
(303) 799-6895
Attorney for the Plaintiff




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