Case 1:12-cv-00505-PAB-KMT Document 1 Filed 02/28/12 USDC Colorado Page 1 of 6

IN UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: ______ Jason Martinez, Plaintiff/Movant, Receivables Performance Management, L.L.C.; and DOES 1-10, inclusive, Defendants. COMPLAINT

For this Complaint, the Plaintiff, Jason Martinez, by undersigned counsel, states as follows: JURISDICTION 1. This action arises out of Defendants repeated violations of the Fair Debt

Collection Practices Act, 15 U.S.C. 1692, et seq. (FDCPA) by the Defendant and its agents in their illegal efforts to collect a consumer debt. 2. 3. Supplemental jurisdiction exists pursuant to 28 U.S.C. 1367. Venue is proper in this District pursuant to 28 U.S.C. 1391(b), in that the

Defendants transact business in this District and a substantial portion of the acts giving rise to this action occurred in this District. PARTIES 4. Plaintiff, Jason Martinez (Plaintiff), is an adult individual residing in Aurora,

Colorado, and is a consumer as the term is defined by 15 U.S.C. 1692a(3).

Case 1:12-cv-00505-PAB-KMT Document 1 Filed 02/28/12 USDC Colorado Page 2 of 6

5.

Defendant Receivables Performance Management, L.L.C. (Receivables), is a

business entity with an address of 20816 44th Avenue, West Lynnwood, Washington 98036, operating as a collection agency, and is a debt collector as the term is defined by 15 U.S.C. 1692a(6). 6. Does 1-10 (the Collectors) are individual collectors employed by Receivables

and whose identities are currently unknown to the Plaintiff. One or more of the Collectors may be joined as parties once their identities are disclosed through discovery. 7. Receivables at all times acted by and through one or more of the Collectors. ALLEGATIONS APPLICABLE TO ALL COUNTS A. The Alleged Debt 8. The Plaintiff allegedly incurred a financial obligation in an unknown amount (the

Debt) to a Creditor (the Creditor). 9. The alleged Debt arose from services provided by the Creditor which were

primarily for family, personal or household purposes and which meets the definition of a debt under 15 U.S.C. 1692a(5). 10. The alleged Debt was purchased, assigned or transferred to Receivables for

collection, or Receivables was employed by the Creditor to collect the alleged Debt. 11. The Defendants attempted to collect the alleged Debt and, as such, engaged in

communications as defined in 15 U.S.C. 1692a(2). B. Receivables Engages in Harassment and Abusive Tactics FACTS 12. Within the last year, the Defendants contacted the Plaintiff in an attempt to collect

the alleged Debt. 2

Case 1:12-cv-00505-PAB-KMT Document 1 Filed 02/28/12 USDC Colorado Page 3 of 6

13.

Since approximately January 2012, Defendants have placed calls to Plaintiff in an

attempt to collect an alleged Debt from a woman named Brenda. 14. Defendants have placed an excessive rate of telephone calls to Plaintiff, calling

every day at least twice per day, in an attempt to collect the alleged Debt. 15. Plaintiff has advised Defendants numerous times that Plaintiff does not know of

anyone named Brenda, Defendants are calling the wrong number, and to cease calls to Plaintiff. 16. On one occasion, a representative of Defendants named Ben placed a call to

Plaintiff and asked for Brenda. Plaintiff stated that Defendants have the wrong number, and asked for Defendants company name. Ben responded, Well if this isnt Brenda, why the fuck does it matter? 17. 18. 19. 20. Plaintiff said, Excuse me? Ben then disconnected the call to Plaintiff. Plaintiff called back Defendants and requested to speak to a supervisor. A woman representative of Defendants began interrogating Plaintiff, asking why

Plaintiff needed to speak with a supervisor, and asking for Plaintiffs information. 21. Instead of transferring Plaintiff to a supervisor over the phone, Defendants gave

Plaintiff a phone number to reach a supervisor. 22. When Plaintiff called such telephone number ((888)-838-5123), he got a

voicemail for Defendants wherein the mailbox is full. 23. Plaintiff called back Defendants, and spoke with Ben again, a representative of

Defendants. Plaintiff demanded to speak with a supervisor yet again. Ben refused to let Plaintiff speak with a supervisor until Plaintiff disclosed what the issue was about. Plaintiff would not disclose the issue with Defendant and requested again to speak with a supervisor.

Case 1:12-cv-00505-PAB-KMT Document 1 Filed 02/28/12 USDC Colorado Page 4 of 6

24. with Plaintiff. 25.

Ben responded, Well good luck with that, and disconnected the telephone call

Plaintiff called Defendants back for a third time, and spoke with Ben. Plaintiff

asked Ben if Plaintiff could speak with Bens supervisor. Ben stated, We already removed your number from our list. 26. 27. Ben refused to let Plaintiff speak with a supervisor. Despite such information, Defendants have continued to place calls to Plaintiff at

the same frequency, in an attempt to collect an alleged Debt. C. Plaintiff Suffered Actual Damages 28. The Plaintiff has suffered and continues to suffer actual damages as a result of the

Defendants unlawful conduct. 29. As a direct consequence of the Defendants acts, practices and conduct, the

Plaintiff suffered and continues to suffer from humiliation, anger, anxiety, emotional distress, fear, frustration and embarrassment. 30. The Defendants conduct was so outrageous in character, and so extreme in

degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. COUNT I VIOLATIONS OF THE FEDERAL FAIR DEBTCOLLECTION PRACTICES ACT - 15 U.S.C. 1692, et seq. 31. Plaintiff incorporates by reference all of the above paragraphs of this Complaint

as though fully stated herein. 32. The Defendants conduct violated 15 U.S.C. 1692c(a)(1) in that Defendants

Case 1:12-cv-00505-PAB-KMT Document 1 Filed 02/28/12 USDC Colorado Page 5 of 6

contacted the Plaintiff at a place and during a time known to be inconvenient for the Plaintiff. 33. The Defendants conduct violated 15 U.S.C. 1692d in that Defendants engaged

in behavior the natural consequence of which was to harass, oppress, or abuse the Plaintiff in connection with the collection of a debt. 34. The Defendants conduct violated 15 U.S.C. 1692d(2) in that Defendants used

profane and abusive language when speaking with the consumer. 35. The Defendants conduct violated 15 U.S.C. 1692d(5) in that Defendants

caused a phone to ring repeatedly and engaged the Plaintiff in telephone conversations, with the intent to annoy and harass. 36. The Defendants conduct violated 15 U.S.C. 1692e(10) in that Defendants

employed false and deceptive means to collect a debt. 37. The foregoing acts and omissions of the Defendant constitute numerous and

multiple violations of the FDCPA, including every one of the above-cited provisions. 38. The Plaintiff is entitled to damages as a result of Defendants violations. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully prays that judgment be awarded in his favor and against the Defendants as follows: 1. Against the named Defendants, jointly and severally, awarding Plaintiff actual damages pursuant to 15 U.S.C. 1692k(a)(1); 2. Against each of the named Defendants, awarding Plaintiff statutory damages of $1,000.00 pursuant to 15 U.S.C. 1692k(a)(2)(A); 3. Against the named Defendants, jointly and severally, awarding Plaintiffs recovery of his litigation costs of litigation and reasonable attorneys fees 5

Case 1:12-cv-00505-PAB-KMT Document 1 Filed 02/28/12 USDC Colorado Page 6 of 6

pursuant to 15 U.S.C. 1692k(a)(3); 4. Granting Plaintiff such other and further relief as may be just and proper. TRIAL BY JURY DEMANDED ON ALL COUNTS

Dated: February 28, 2012 Respectfully submitted, By __/s/ Lark Fogel______________ Lark Fogel, Esq. Of Counsel To: LEMBERG & ASSOCIATES L.L.C. 1100 Summer Street, 3rd Floor Stamford, CT 06905 Telephone: (203) 653-2250 Facsimile: (203) 653-3424 Law Office of Lark Fogel Bar Number: 030383 lfogel@lemberglaw.com Attorneys for Plaintiff Plaintiff: Jason Martinez 486 Elmira Street Aurora, Colorado 80010