UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO.: 0:20cv61256

HOWARD SINGER, 

Plaintiff,

v.

UNITED COLLECTION BUREAU, INC., 

Defendant.

_________________________________________/ 

COMPLAINT

JURY DEMAND

1. Plaintiff alleges violation of the Fair Debt Collection Practices Act, 15

U.S.C. §1692 et seq. (“FDCPA”), and the Florida Consumer Collection Practices 

Act, Fla. Stat. §559.55 et seq. (“FCCPA”).

JURISDICTION AND VENUE

2. This Court has jurisdiction under 28 U.S.C. §§1331, 1337, 1367 and

15 U.S.C. §1692k. Venue in this District is proper because Plaintiff resides here 

and Defendant sent letters into this District.

PARTIES

3. Plaintiff, HOWARD SINGER, is a natural person, and citizen of the

State of Florida, residing in Broward County, Florida.

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4. Defendant, UNITED COLLECTION BUREAU, INC.., ("UCB" or 

“Defendant”) is an Ohio Corporation with its principal place of business located at 

5620 SOUTHWYCK BLVD, TOLEDO, OH 43614.

5. Defendant is registered with the Florida Department of State Division 

of Corporations as a foreign corporation. Its registered agent for service of process 

is the CORPORATION SERVICE COMPANY, 1201 HAYS STREET, 

TALLAHASSEE, FL 32301.

6. Defendant is registered with the Florida Office of Financial 

Regulation as a consumer collection agency.

7. Defendant regularly uses the mail and telephone in a business the 

principal purpose of which is the collection of debts.

8. Defendant regularly collects or attempts to collect debts for other 

parties.

9. Defendant is a “debt collector” as defined in the FDCPA and the 

FCCPA.

FACTUAL ALLEGATIONS

10. Defendant sought to collect from Plaintiff an alleged debt ("the 

alleged debt").

11. The alleged debt arose from a credit card account. 

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12. Plaintiff used the credit card account to make purchases for personal, 

family and household purposes.

13. The alleged debt went into default with the original creditor.

14. Thereafter, the original creditor referred the debt to Defendant for the 

purpose of collecting the alleged debt.

15. On or about October 14, 2019, Defendant sent a letter directly to 

Plaintiff at his home address seeking to collect the alleged debt, attached as Exhibit 

("A").

16. On or about October 28, 2019, Plaintiff mailed Defendant a letter 

disputing the debt and informing Defendant that he was represented by counsel and 

informing Defendant of his counsel's name and address, attached as Exhibit ("B").

17. Plaintiff obtained a certificate of mailing from the United States Postal 

Service, certifying that the October 28, 2019 letter detailed in paragraph 16 above 

was mailed to Defendant, attached as Exhibit (“C”).

18. On or about November 1, 2019, Defendant sent a letter directly to 

Plaintiff at his home address in apparent acknowledgement of Plaintiff’s letter 

dated October 28, 2019 and seeking to collect the alleged debt, attached as Exhibit 

("D").

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19. At the time Defendant sent its November 1, 2019 letter directly to 

Plaintiff at his home address, Defendant knew Plaintiff was represented by an 

attorney with respect to the alleged debt.

20. Defendant knew of Plaintiff's representation by counsel as it 

acknowledged receipt of Plaintiff's letter of October 28, 2019 in Defendant's 

November 1, 2019 letter.

21. Plaintiff’s attorney had not consented to Defendant’s direct 

communication with Plaintiff.

22. Plaintiff’s attorney had not failed to respond to any communication of 

Defendant within a reasonable amount of time.

23. No court had authorized Defendant’s direct communication with 

Plaintiff.

24. At the time Defendant sent its November 1, 2019 letter, Defendant 

knew that the FDCPA and the FCCPA prohibited it from communicating directly 

with Plaintiff.

25. Should Defendant continue to communicate directly with Plaintiff, 

Plaintiff will be harmed in the future by the inability to avail himself to the 

representation of his counsel.

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COUNT I

COMMUNICATION WITH A CONSUMER REPRESENTED BY 

COUNSEL IN VIOLATION OF 15 U.S.C §1692c(a)(2)

26. Plaintiff incorporates Paragraphs 1 through and including 25.

27. Defendant communicated directly with Plaintiff when Defendant 

knew Plaintiff was represented by an attorney in violation of 15 U.S.C. 

§1692c(a)(2).

WHEREFORE, Plaintiff requests that the Court enter judgment in favor of 

Plaintiff and against Defendant for:

a. Damages;

b. Attorney’s fees, litigation expenses and costs of suit; and

c. Such other or further relief as the Court deems proper.

COUNT II

COMMUNICATION WITH A CONSUMER REPRESENTED BY 

COUNSEL IN VIOLATION OF Fla. Stat. §559.72 (18)

28. Plaintiff incorporates Paragraphs 1 through and including 25.

29. Defendant communicated directly with Plaintiff when Defendant 

knew Plaintiff was represented by an attorney in violation of Fla. Stat. §559.72 

(18).

WHEREFORE, Plaintiff requests that the Court enter judgment in favor of 

Plaintiff and against Defendant for:

a. Damages;

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b. Attorney’s fees, litigation expenses and costs of suit; and

c. Such other or further relief as the Court deems proper.

COUNT III

ILLEGAL COLLECTION TECHNIQUES IN VIOLATION OF THE 

FLORIDA CONSUMER COLLECTION PRACTICES ACT

30. Plaintiff incorporates Paragraphs 1 through and including 25.

31. Defendant asserted the right to collect a debt by communicating

directly with Plaintiff when Defendant knew Plaintiff was represented by an 

attorney and when Defendant knew did not have a legal right to directly 

communicate with Plaintiff in violation of Fla. Stat. §559.72(9).

WHEREFORE, Plaintiff requests that the Court enter judgment in favor of 

Plaintiff and against Defendant for:

a. Damages;

b. Attorney’s fees, litigation expenses and costs of suit; and

c. Such other or further relief as the Court deems proper.

COUNT IV

DECLARATORY AND INJUNCTIVE RELIEF

32. Plaintiff incorporates Paragraphs 1 through and including 25.

33. The FCCPA provides for equitable relief including injunctive relief.

Berg v. Merchs. Ass'n Collection Div., 586 F. Supp. 2d 1336, 1345, (S.D. Fla. 

2008).

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WHEREFORE, Plaintiff requests that the Court enter judgment in favor of 

Plaintiff and against Defendant for:

a. declaring that Defendant’s direct communication with Plaintiff

and that its assertion of the right thereof violates the FCCPA;

b. permanently enjoining Defendant from direct communication

with Plaintiff; and

c. Such other or further relief as the Court deems proper.

JURY DEMAND

Plaintiff demands trial by jury.

Shera Erskine Anderson, Esq.

304 Indian Trace, #414 

Weston, FL 33326

shera_anderson@outlook.com

 By: s/ Shera E. Anderson, Esq.

Shera E. Anderson, Esq.

Florida Bar No. 68129

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