UNITED STA TES DISTRICT CO URT

SOU TH ERN D ISTRICT O F FLO RIDA

CA SE N O :

M OM CA LORES RODRIGUEZ

Plaintif;

VS.

CAPITAL ONE BANK (USA), N.A.,

POLLACK & ROSEN, P.A .,

KEW N SPW OZZA

D efendants /

V ERIFIED CO W LAINT

Plainéff, Monica Lores Rodriguez sues Defendants, Capital 0ne Bank (USA), N.A,

Pollack & Rosen, P.A ., and Kevin Spinozza, and for her Complaint alleges:

PR ELIM INA RY STA TEM EN T

This is an adion for damages brought for dam ages for violations of the Fair Debt

Collection Practices Act (FDCPA) 15 U.S.C. j1692k and for damages for violations

of the Florida Consumer Collection Practices Act T CCPA), Fla. Ssat. j5597 a11 VI).

JUR ISDIC TIO N A ND VEM JE

This Court hasjurisdiction under 15 U.S.C. j1692,' r1d'28 U.S.C. j1331. 'I'he Court

has supplemental jurisdiction over state 1aw claims.

Venue is proper in this District pursuant to 28 U.S.C. jl391(b) because the Plainéff

resides here and the Defendants condud business in this District.

4. Al1 conditions precedent to the bringing of this action have been pedbrmed.

Com plaint for FDCPA and FCCPA violations 1

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PA R TIE S

5. The Plaintiffin this lawsuit is M onica Lores Rodriguez, a natural person, who resides

in Broward County, Florida.

At a1l times relevant to this Complaint, Plaintil is a t&consum er'' as that term is desned

by 15 U.S.C. j1692(a)(3) and Florida Statute 9559.55(8).

7. Upon information and belief Defendant, Capital One Bank (USA) N.A. (Capital One) is

a corporation with its principal place of business in Virginia and it conducts business in

the State of Florida.

8. Upon information and belief Defendant, Pollack & Rosen, P.A. CDefendant Law Fimf'l

is a Florida Corporation and 1aw 111411 engaged in the business of collecéng debts and

who's Registered Agent is: N eal Farr 806 D ouglas Road South Tower Suite 200 Coral

Gables, Florida 33134, arld is a 'tdebt collector'' as defined by 15 U.S.C. j1692a(6) and

9559.5547) of the FCCPA.

9. Upon information and belief Defendant, Kevin Spinozza, ESQ. is an attorney licensed

to practice in Floridw is an em ployee of Pollack & Rosen, P.A. and was hired or directed

to collect a debt through litigation from Plainéff

10. K evin Spinozza regularly collects and/or attempts to collect defaulted consumer debts

from individuals via litigaéon and is thus a debt collector as that term is defined at 15

U.S.C. j1692a(6) of the FDCPA and j559.5547) of the FCCPA.

1 l . Collectively RDefendants''.

12. DEFENDANTS regularly collects or attem pts to collect debts from consum ers.

13. At a11 ém es relevant to this Complaint, Defendants, were acdng as debt collectors with

respect to the collection of Plaintim s alleged debt.

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14. Any alleged debt herein is defined as a consumer debt under 15 U.S.C. j1692a(5) and

9559.55(6) of the FCCPA.

15. The alleged debt is not in question here. Only the fact as to how it was not properly

validated and the wronFul actions of the Defendants in their attempts to colled an

alleged debt.

FACTUAL ALLEGATIONS

16. 0n February 07, 2020, Plainéf received a letter from the 1aw 111411 of Pollack &

Rosen, P.A. attempting to collect an alleged debt for Capital One Bank (USA)

N .A.

17. Plaintiff did not recognize the account or the am ount listed as allegedly owed.

18. On February 20, 2020, Plaintifr drafted and sent by certilied mail a dispute and

request for validation to the law flrm pursuant to the FD CPA .

19. On M arch 05, 2020, PlaintiF received a response from the 1aw finn in regards

to her request for validation.

20. This response was inclusive of just a single page generic billing statement to which

Plaintiff had never seen before.

21. This response did not provide any original account- level documentation to legitimize

the alleged debt belonged to the Plaintifr.

22. On M arch 20, 2020, Plaintif again drafted and sent by cel fied mail a request stating

that what they had sent was incomplete and inconclusive to what was originally

requested and to please provide what was originally requested.

23. On M arch 27, 2020, D efendants sled a law suit against Plaintifrin Sm all Claim s Court

for the alleged debt.

Complaint for FDCPA and FCCPA violations 3

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24. According to a CFPB consent order directed at two large debt collectors in 2015, they

are prohibited from filling a lawsuit without an intent to prove the debt, if contested.

RRespondants are permanently restrained and prohibited from :

Initiating any Debt Collection Law suit unless in possession of the following'.

a. O riginal Account-tzevel Documentation

b. A chronological listing of the nam es of a11 pxior owners of the Debt and the

date of each kansfer of ownershij of the Debt

A certified or other properly authenticated copy of each bill of sale or otller

docum ent evidencing the transfer of ownerslzip of the Debt at the tim e of Charge

off to each successive ownerm including Respondent.

d. Any one of tlle following:

A docum ent signed by the Consum er evidencing the opening

of the account form ing the basis for the D ebt; or

Original A ccount-Level Docum entation reflecting a purchase,

paym ent. or other acoml use of account by the Consum er.

Engaging in any Legal Collection without providing the Consumer with certain information

about the Debt, lmless previously provideW including but not limited to, the following:

e. a statem ent that the Consxzm er m ay request, in w ridng, copies of the

docum entation referenced in Paragraph 1 19 axtd R espondent or Respondent 's

agent w ill, within 30 days of such request, provide the doczxm entation at no

a7 1 cost.

25. D ebt Collectors m ust offer to provide consnm ers w ith original doczlm ents

relating to the account before they are allowed to fle a law suit to collect the

1 https://files.consumedinance.aov/f/zolsog cfpb consent-order-portfolio-recovervassociates-llc.pdf and https://files.consumedinance.gov/f/zolsog cfpb consent-order-encorecanital-aroup.pdf

com plaint for FDCPA and FCCPA violations 4

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debt.z

25. On April 06, 2020, PlaintiF received a response from her Fecond vàlidation request.

It was the sam e genelic billing ytatement as the first request and nothing m ore.

26. On April 17, 2020, Plaintiffcontacted Capital One by phone, based upon the statem ent

the 1aw firm provided, to inquire as to the status of the alleged debt. The agent inform ed

Plaintiff that a11 inquires are to be directed to the 1aw firm of Pollack & Rosen, P.A.

which has 1ed Plaintiffto believe Capital One is not the current creditor of the alleged

account in which the Defendant's State law suit is based.

COUNT I

W OLATION OF TH E Fm DEBT COLLECH ON PM CH CES A CT (FDCPA).

15 U.S.C. :1692 BY DEFENDANTS: POLLACK & ROSEN. P.A.

AND KEVIN SPINOZZA

27. Paragraphs 1 through 26 are re-alleged as though fully set forth herein.

28. Plaintiff is a consumer within the meaning of the FDCPA 15 U.S.C. j1692a(3).

29. Defendants are debt collectors within the meaning of the FDCPA j1692a(6).

30. Defendants violated 15 U.S.C. 91692e42) by falsely representing the character,

amount or legal status of any debt.

31. Defendants violated 15 U.S.C. j1692e(5) by threating to 4mke an action that cannot

be legally taken.

32. Defendants violated 15 U.S.C. j1692g(B) by failing to cease collection eflbrts after

zhttps://www-consumerfinance.gov/about-us/newsroom/cfpb-takes-action-against-the-two-largestdebt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/

Com plaint for FDCPA and FCCPA violations 5

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receiving consumers dispute and demand for validation, and failing to validate or

verify the alleged debt while continuing collection efforts.

W TIEREFOQE. Plaintifdemandsjudpnent against Defendants: Pollack & Rosen,

P.A. and Kevin Spinozza for:

(A) Statutoly damages of $1,000 per Defendant payable by Defendants pursuant to

15 U.S.U. 91692k,.

(B) Fees and costs apd other relief as may bejust and proper pursuant to 15 U.S.C.

j1692k.

COUNT H

VIOLATION OF R OM A CON SUM R COLLECH ON PM CTICES ACT fFCCPA)

FIA . STAT. :559(PART W ) BY DEFENDANTS CAPITAL ONE BANK RJSA) NA .AND

POLLACK & RO SEN.PA .

33. Paragraphs 1 through 26 are re-alleged as though fully set forth herein.

34. Plaintiff is a consumer as defned in Florida Statute 9559.55(8).

35. Defendants are debt collectors as defined by Florida Statute 9559.55(7).

36. Defendants violated Florida Statute j559.72(9) by attempting to enforce a debt when

D efendu t knows that the debt is not legitimate or assert the existence of som e legal

right when Defendant know s the right does not exist.

W HEREFORE, PlaintiF demandsjudgment against Defendants: Capital One Bank

(USA) N.A. and Pollack & Rosen, P.A. for:

A. Stamtory dam ages of $1,000 per Defendant payable by Defendants pursuant to

Florida Statute j559.77.

B. Fees and costs and other relief as may bejust and proper pursuant to Fla. Stat. j559.77.

Com plaint for FDCPA and FCCPA violations 6

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DEM AND FOR JURY TRG L

Plaintiffhereby demands a M aI by july of a11 issues so triable.

D ated: M ay 8, 2020

Res y subm i d

... i'.$ l o

-

M onl ' ez

2238 Cypress Bend Dr 05

Pompano Beach, F1 33069

561-455-6275

monildores777@gmail.com

Com plaint for FDCPA and FCCPA violations 7

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VERIFICATION

1, M orlica Lores Rodriguez, am the PlaintiF in this lawsuit. I have reviewed the

allegations in the Verised Complaint and swear that the allegaéons are made upon my

personal knowledge. I further swear that l am competent to testify as to a11 averments of

the Verified Complaint because 1 have first hand knowledge as to the façts in this case.

<) / o n I & .Ch = CZ U.>

M o 'ca Lores Roddguez

STATE OF FLOD A

COUNTY OF BROW ARD

sw orn to before m e and subscribed in my presence this Vday of May 2020.

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Com plaint for FDCPA and FCCPA violations 8

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