IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, STA™E OF FLORIDA. CIVIL DIVISION MELANIE BEACHAM, Plaintiff, CASE NO.: vs MARKONE FINANCIAL, LLC, Defendant. eee reeeeEeEeSESESESESEeEeeeeeeeeeaaty COMPLAINT The Plaintiff, MELANIE BEACHAM, by and through the undersigned counsel, sues the Defendant, MARKONE FINANCIAL, LLC (“MARKONE”), and in support thereof respectfully alleges the followi 1. This is an action brought pursuant to Chapter 559.55 — 559.785, Florida Statutes, cited as the Florida Consumer Collector Practices Act (“FCCPA”) which prohibits debt collectors from engaging in any conduct which is abusive or harassing, 2. This is an action for damages in excess of Fifteen Thousand Dollars ($15,000.00) terest, costs and altomey’s fees. 3. The jurisdiction of this Court arises under Chayjter 559, Florida Statutes. 4. The alleged violations described in the Complaint occurred in Orange County, Florida. 5. Plaintiff is a debtor and/or alleged debtor as defined by Chapter 559.55(2), Florida Statutes. 6. MARKONE is a “debtor collector” pursuant to the FCCPA.7, MARKONE is a corporate entity responsible for attempting to collect a consumer debt from Plaintiff and is transacting business in the State of Florida, ~ 8. MARKONE has a business practice to collect debts from individuals using abusive and harassing techniques. 9. MARKONE consented to and has knowledge and control of the collection activities of its agents and representatives, including supervisors, managers, affiliates, subsidiaries, divisions, employees, servants, partners, agents, vendors, assignees, transferees, collectors and/or contractors fos an alleged past due amount owed to MARKONE in the amount of $1,172.00. 10. MARKONE has intentionally harassed and abused the Plaintiff on numerous occasions in outrageous format by their agents and representatives calling with such frequency as can be reasonably expected to harass the Plaintiff, including placing calls up to six (6) to ten (10) times a day to her home phone, cell phone and at her place of employment, in attempt to collect an alleged debt belonging to the Pl: iff. 11. MARKONE has intentionally harassed and abused the Plaintiff on numerous cccasions in outrageous format by their agents and representatives contacting the Plaintiff's neighbor and sister, willfully attempting to embarrass the Plai f, regarding the alleged debt owed by the Plaintiff when Defendant knew that said person(s) did not have a legitimate business need for that information, 12. On appro’ ately July 30, 2010, MARKONE intentionally harassed and abused the Plaintiff in outrageous format by their agents and representatives, including an individual known as “Jeff Happenstance” contacting Plaintiff's 4} Devilin Wilson, on Facebook requesting that he have the client call him,13, On approximately July 30, 2010, MARKONE intentionally harassed and abused the Plaintiff in outrageous format by their agents and representatives, including an individual known as “Jeff Happenstance” contacting Plaintiffs friend, S, Wilson, on Facebook requesting that he have the client call him. 14. On approximately August 4, 2010, MARKONE intentionally harassed and abused the Plaintiff in outrageous format by their agents and representatives, having a letter dated August 3, 2010 detivered by courier to Plaintiff's place of employment even though she had just spoken with them on August 2, 2010 and arranged a payment schedule, ‘The courier looked at Plaintiff's car and wrote down her tag number. 15. Because of the stress, anxicty, and embarrassment from the continued calls and threats, facebook messages, and mail delivered to her place of employment, by the Defendants in an attempt to coerce the Plaintiff to pay a debt, Plaintiff has sustained mental pain and suffering, emotional distress, mental anguish, inconvenience, and loss of capacity for the enjoyment of life 16. Plaintiff's damages pursuant to Florida Statutes including § 559.77 have continued and are continuing as of the filing of this complaint. 17, All conditions precedent to the filing of this action has occurred. COUNTI (Violation of the Florida Consumer C MARKONE tion Practices Act “FCCPA”) Plaintiff re-alleges paragraphs one (1) through seventeen (17) above as if fully set forth herein, and further states: 18. Defendant is subject to and must abide by the law of Florida, including Florida Statute § 559.72,19. Defendant has violated Florida Statute §559 72(7) by willfully communicating with the alleged debtor with such frequency as can reasonably be expected to harass the debtor or her family. 20. Defendant has violated Florida Statute §959.72(7) by willfully engaging in conduct which can reasonably be expected to abuse or harass the alleged debtor or any member of her family. 21. Defendant has violated Florida Statute §559.72(5) by disclosing to a person other than the debtor or her family information affecting the debtor’s reputation with knowledge that the other person does not have a legitimate business need for she information. 22. Defendant’s zetions have directly and proximately resulted in Plaintiff's prior and continuous sustaining of damages as described by Florida Statute $559.77. WHEREFORE, Plaintiff respectfully request judgment be entered against Defendant for Statutory damages, actual damages, costs, interest, attorney fees, enjoinder from further lations of these parts and any other such relief the court may deem just and proper. COUNTIE atentional Infliction of Emotional Distress) MARKONE Plaintiff re-alleges paragraphs one (1) through seventzen (17) above as if fully set forth herein, and further states: 23, MARKONE individually, and through its employees, agents, representatives and collectors, has intentionally inflicted emotional distress on the Plaintiff by its outrageous conduct. 24, The outrageous conduct as set forth in paragraphs one (1) through seventeen (17) herein, were directed at Plait by and through MARKONE's employees, agents, apparentagents or other persons acting to benefit and further the interests of MARKONE, in the course and scope of their employment or agency with MARKONE. 25. Asa direct and proximate result of the outrageous acts described in paragraphs one (1) through seventeen (17) herein, Plaintiff sustained mental pain and suffering, emotional distress, mental anguish, inconvenience, and loss of capacity for the enjoyment of life. WHEREFORE, Plaintiff respectfully request judgment be entered against Defendant for statutory damages, actual damages, enjoinder from further violations, costs, interest, attorney fees and any other such relief this Honorable Court deems appropriate in the spirit of Justice, DEMAND FOR JURY TRIAL Plaintiff, MELANIE BEACHAM, demands a trial by jury of all issues so triable. Respectfully submitted, William'Peerbe Howard, Esquire Morgan & Morgan, P.A. One Tampa Cit Center 201 N. Franklin Street, 7th Floor Tampa, FL 33602 Tele: (813) 223-5505 Fax: (813) 223-5402 Florida Bar #: 0103330 Attorney for Plaintiff