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Case 1:13-cv-01104-CMH-TCB Document 1 Filed 09/03/13 Page 1 of 5 PageID# 1

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

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PHILIP WARREN,

Civil Action No. ). /3 'OO^ IIOH

Plaintiff,

vs.

FMA ALLIANCE, LTD.; and DOES
1 through 10, inclusive,

Defendants.

COMPLAINT AND DEMAND FOR
JURY

COMPLAINT

/.

INTRODUCTION

1. This is an action for actual and statutory damages brought by Plaintiff,

Philip Warren, an individual consumer, against Defendant, FMA Alliance, Ltd., for

violations of the law, including, but not limited to, violations of the Fair Debt

Collection Practices Act, 15 U.S.C. § 1692 et seq. (hereinafter "FDCPA"), which

prohibits debt collectors from engaging in abusive, deceptive, and unfair practices.

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JURISDICTION

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

§ 1337. Declaratory relief is available pursuant to 28 U.S.C. §§2201 and 2202.

Venue in this District is proper in that the Defendant transacts business here.

Case 1:13-cv-01104-CMH-TCB Document 1 Filed 09/03/13 Page 2 of 5 PageID# 2

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PARTIES

3. Plaintiff, Philip Warren, is a natural person with a permanent residence in

Alexandria, Alexandria City, Virginia 22314.

4. Upon information and belief, the Defendant, FMA Alliance, Ltd., is a

corporation engaged in the business of collecting debt in this state and in several

other states, with its principal place of business located at 1239 Cutten Road,

Houston, Harris County, Texas 77066. The principal purpose of Defendant is the

collection of debts in this state and several other states, and Defendant regularly

attempts to collect debts alleged to be due to another.

5. Defendant is engaged in the collection of debts from consumers using the

mail and telephone. Defendant is a "debt collector" as defined by the FDCPA, 15

U.S.C. § 1692a(6).

IV.

FACTUAL ALLEGATIONS

6. The debt

that Defendant

is attempting to collect on is an alleged

obligation of a consumer to pay money arising out of a transaction in which the

money, property, insurance or services, which are the subject of the transaction, are

primarily for personal,

family, or household purposes, whether or not such

obligation has been reduced to judgment.

7. Within one (1) year preceding the date of this Complaint, Defendant, in

connection with the collection of the alleged debt, attempted to communicate with

Case 1:13-cv-01104-CMH-TCB Document 1 Filed 09/03/13 Page 3 of 5 PageID# 3

Plaintiff at

their place of employment

after being

informed that

this

inconvenienced Plaintiff and/or was conduct prohibited by Plaintiffs employer.

8. The natural consequences of Defendant's statements and actions were to

unjustly condemn and vilify Plaintiff for his non-payment of the debt he allegedly

owed.

9. The natural consequences of Defendant's statements and actions were to

produce an unpleasant and/or hostile situation between Defendant and Plaintiff.

10. The natural consequences of Defendant's statements and actions were to

cause Plaintiff mental distress.

11. Defendant utilized unfair and unconscionable means to collect on

Plaintiff's alleged debt, by harassing Plaintiff at work after having knowledge that

Plaintiffs employer does not allow such calls and that these calls are inconvenient.

V.

CLAIM FOR RELIEF

12. Plaintiff repeats and realleges and incorporates by reference to the

foregoing paragraphs.

13. Defendants violated the FDCPA. Defendants' violations include, but are

not limited to, the following:

(a) Defendant violated §1692c(a)(l) of the FDCPA by communicating

at a time or place known or which should be known to be

inconvenient to the Plaintiff; and

Case 1:13-cv-01104-CMH-TCB Document 1 Filed 09/03/13 Page 4 of 5 PageID# 4

(b)Defendant violated §1692c(a)(3) of the FDCPA by communicating

with the Plaintiff at the Plaintiffs place of employment when the

Defendant knew or had reason to know that

the Plaintiffs

employer

prohibits

the

Plaintiff

from receiving

such

communication; and

(c) Defendant violated §1692d of the FDCPA by engaging in conduct

that lead to the natural consequences of which is to harass, oppress,

or abuse any person in connection with the collection of an alleged

debt; and

(d)Defendant violated §1692f of the FDCPA by using unfair or

unconscionable means in connection with the collection of an

alleged debt.

14. Defendant's acts as described above were done intentionally with the

purpose of coercing Plaintiff to pay the alleged debt.

15. As a result of the foregoing violations of the FDCPA, Defendant is liable

to the Plaintiff, Philip Warren, for declaratory judgment that Defendant's conduct

violated the FDCPA, for actual damages, statutory damages, costs, and attorney

fees.

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Case 1:13-cv-01104-CMH-TCB Document 1 Filed 09/03/13 Page 5 of 5 PageID# 5

WHEREFORE, Plaintiff respectfully requests that judgment be entered

against Defendant, FMA Alliance, Ltd., for the following:

A. Declaratory judgment that Defendant's conduct violated the FDCPA.

B. Actual damages.

C. Statutory damages.

D. Costs and reasonable attorney fees.

E. Awarding Plaintiff any pre-judgment and post-judgment interest as may

be allowed under the law.

F. For such other and further relief as the Court may deem just and proper.

DEMAND FOR JURY TRIAL

Please take notice that Plaintiff, Philip Warren, demands trial by jury in this

action.

Dated: August 21, 2013

ITTED,

31812)

FERRIS WINDER, PLLC
530 East Main Street, Suite 710
Richmond, VA 23219
Tel: 804-767-1800
E-mail: [email protected]
Counselfor Plaintiff,
Philip Warren