Product: Debt collection

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF [ TENNESSEE ] ** [ XXXX XXXX ], Plaintiff** v. 

XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX COMPLAINT FOR DAMAGES Plaintiff, [ XXXX XXXX XXXX ] XXXX files this Complaint against Aldous & Associates , PLLC ( hereinafter " Defendant '' ) for multiple violations of the Fair Debt Collection Practices Act ( " FDCPA '' ), 15 U.S.C. 1692 et seq., and alleges as follows : JURISDICTION AND VENUE 1. This Court has jurisdiction under 15 U.S.C. 1692k ( d ) and 28 U.S.C. 1331 as this action arises under the laws of the United States.

2. Venue is proper in this District under 28 U.S.C. 1391 ( b ), as Defendant conducts business in this District, and the events giving rise to this action occurred here.

PARTIES 3. Plaintiff, [ XXXX XXXX XXXX ], is a natural person residing in [ XXXX, XXXX ] and a " consumer '' as defined by 15 U.S.C. 1692a ( 3 ).

4. Defendant, Aldous & Associates , PLLC, is a debt collection law firm organized under the laws of Utah with its principal address at [ Defendants Address ]. Defendant is a " debt collector '' as defined by 15 U.S.C. 1692a ( 6 ).

FACTUAL ALLEGATIONS 5. On or about [ Date ], Plaintiff received a communication from Defendant attempting to collect an alleged debt.

6. Plaintiff disputes the validity of the alleged debt and sent a Cease and Desist Letter to Defendant through the Consumer Financial Protection Bureau ( " CFPB '' ) on [ Date ].

7. Plaintiff explicitly requested proof of the alleged debt, including a signed promissory note or other documentation proving liability for the debt.

8. On [ XX/XX/XXXX ], Defendant responded with a bill and statement but failed to provide any document bearing Plaintiff 's wet ink signature or valid proof of liability for the debt. 
XXXX. On XX/XX/XXXX, Plaintiff filed a formal complaint against Defendant through the CFPB for failing to validate the debt adequately and for continued attempts to collect the disputed debt.

10. Despite receiving notice of the Cease and Desist Letter and the CFPB complaint, Defendant continued to contact Plaintiff, including during work hours, which is prohibited under 15 U.S.C. 1692c ( a ) ( 1 ).

11. Defendant contacted Plaintiff via email on XX/XX/XXXX, in direct violation of the cease and desist request. 
COUNT I : VIOLATIONS OF THE FDCPA 12. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein.

13. Defendant violated 15 U.S.C. 1692c ( c ) by continuing to communicate with Plaintiff after receiving a cease and desist request.

14. Defendant violated 15 U.S.C. 1692c ( a ) ( 1 ) by contacting Plaintiff during work hours without prior consent.

15. Defendant violated 15 U.S.C. 1692g ( b ) by failing to provide proper validation of the alleged debt, including a signed promissory note or proof of liability.

16. Defendant violated 15 U.S.C. 1692d by engaging in conduct the natural consequence of which was to harass, oppress, or abuse Plaintiff.

17. Defendants actions were willful, intentional, and in reckless disregard of the rights of Plaintiff under the FDCPA.

DAMAGES 18. As a result of Defendant 's violations of the FDCPA, Plaintiff suffered actual damages, including emotional distress, mental anguish, and disruption to Plaintiffs work.

19. Pursuant to 15 U.S.C. 1692k ( a ), Plaintiff seeks the following : a. Statutory damages of {$1000.00} for each FDCPA violation ; b. Actual damages in the amount of {$10000.00} for emotional distress and harm caused by Defendants repeated violations ; c. Costs and reasonable attorneys fees incurred in bringing this action ; d. Any other relief the Court deems just and proper.

PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Defendant as follows : 1. For statutory damages of {$1000.00} per violation of the FDCPA ; 2. For actual damages of {$10000.00} ; 3. For costs of this action and reasonable attorneys fees pursuant to 15 U.S.C. 1692k ( a ) ( 3 ) ; 4. For such other and further relief as the Court may deem just and proper.

JURY DEMAND Plaintiff demands a trial by jury on all issues so triable. 

Respectfully submitted, [ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  can contact this email to negotiate compensation XXXX Date : [ XX/XX/XXXX ]