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
Civil Action No. ). /3 'OO^ IIOH
FMA ALLIANCE, LTD.; and DOES
1 through 10, inclusive,
COMPLAINT AND DEMAND FOR
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.
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.
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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).
6. The debt
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
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their place of employment
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
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.
CLAIM FOR RELIEF
12. Plaintiff repeats and realleges and incorporates by reference to the
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
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(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
(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
(d)Defendant violated §1692f of the FDCPA by using unfair or
unconscionable means in connection with the collection of an
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
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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
Dated: August 21, 2013
FERRIS WINDER, PLLC
530 East Main Street, Suite 710
Richmond, VA 23219
E-mail: [email protected]