UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

DEL RIO DIVISION

DEAN W. HARTNITT, ) 

) 

Plaintiff, )

)

v. ) No. 

) 

NATIONAL CREDIT ADJUSTERS, LLC, ) 

) 

Defendant. ) 

PLAINTIFF’S COMPLAINT

Plaintiff, DEAN W. HARTNITT, by and through his attorneys, Agruss Law Firm, LLC, 

alleges the following against Defendant, NATIONAL CREDIT ADJUSTERS, LLC: 

INTRODUCTION

1. Count I of Plaintiff’s Complaint is based on the Fair Debt Collection Practices Act, 15

§ U.S.C. 1692 et seq. (“FDCPA”).

2. Count II of Plaintiff’s Complaint is based on the Texas Debt Collection Act Tex. Fin. Code

Ann. § 392, et seq. (“TDCA”).

JURISDICTION AND VENUE

3. This court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1337, 1367, and 15 U.S.C.

§ 1692k (FDCPA).

4. Jurisdiction of this court arises pursuant to 15 U.S.C. § 1692k(d), which states that such

actions may be brought and heard before “any appropriate United States district court

without regard to the amount in controversy.”

2:20-cv-29

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5. This court has supplemental jurisdiction over the state claim alleged herein pursuant to 28 

U.S.C. § 1367 it is “so related to claims in the action within such original jurisdiction that 

they form part of the same case or controversy.”

6. Venue and personal jurisdiction in this District are proper because Defendant does or 

transacts business within this District, and a material portion of the events at issue occurred 

in this District.

PARTIES

7. Plaintiff is a natural person residing in the City of Uvalde, Uvalde County, State of Texas.

8. Plaintiff is a consumer as that term is defined by the FDCPA and TDCA.

9. Plaintiff allegedly owes a debt as that term is defined by the FDCPA and TDCA.

10. Defendant is a debt collector as that term is defined by the FDCPA and TDCA.

11. Within the last year, Defendant attempted to collect a consumer debt from Plaintiff.

12. Defendant is a Kansas limited liability company and debt collection agency headquartered 

in the City of Hutchinson, Reno County, State of Kansas.

13. Defendant’s business includes, but is not limited to, collecting on unpaid, outstanding

account balances.

14. When an unpaid, outstanding account is placed with Defendant it is assigned a file number.

15. The principal purpose of Defendant’s business is the collection of debts allegedly owed to 

third parties. 

16. Defendant regularly collects, or attempts to collect, debts allegedly owed to third parties. 

17. During the course of its attempts to collect debts allegedly owed to third parties, Defendant

sends to alleged debtors bills, statements, and/or other correspondence, via the mail and/or 

electronic mail, and initiates contact with alleged debtors via various means of 

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telecommunication, such as by telephone and facsimile. 

18. Defendant acted through its agents, employees, officers, members, directors, heirs,

successors, assigns, principals, trustees, sureties, subrogees, representatives, and insurers.

FACTUAL ALLEGATIONS

19. Defendant is attempting to collect a consumer debt from Plaintiff, allegedly owed by

Plaintiff arising from a Speedy Cash loan.

20. The alleged debt owed arises from transactions for personal, family, or household

purposes.

21. In or around late-February/early-March 2020, Defendant began inundating Plaintiff with

collection calls in an attempt to collect the alleged debt.

22. Defendant calls Plaintiff on his cellular telephone at 314-709-6169 in an attempt to collect

the alleged debt.

23. Defendant calls Plaintiff from 314-710-3073, which is one of Defendant’s many telephone

numbers.

24. Since Defendant began placing collection calls to Plaintiff, Plaintiff has answered several

of Defendant’s collection calls.

25. During the above-referenced collection calls, Plaintiff told Defendant’s collectors to stop

calling Plaintiff.

26. Despite Plaintiff requesting that Defendant stop calling him, Defendant continued to call

Plaintiff in an attempt to collect the alleged debt unabated.

27. The natural consequences of Defendant’s actions was to produce an unpleasant and/or

hostile situation between Defendant and Plaintiff.

28. The natural consequences of Defendant’s actions was to cause Plaintiff mental distress.

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29. The natural consequences of Defendant’s actions was to unjustly condemn and vilify 

Plaintiff for his non-payment of the alleged debt.

COUNT I:

DEFENDANT VIOLATED THE FAIR DEBT COLLECTION PRACTICES ACT

30. Defendant violated the FDCPA based on the following:

a. Defendant violated § 1692d of the FDCPA by engaging in conduct that the natural 

consequence of which was to harass, oppress, and abuse in connection with the 

collection of an alleged debt when Defendant bombarded Plaintiff with collection 

calls and then continued to do so even after Plaintiff told Defendant stop calling 

Plaintiff;

b. Defendant violated § 1692d(5) of the FDCPA by causing a telephone to ring or 

engaging any person in telephone conversation repeatedly or continuously with 

intent to annoy, abuse, or harass any person at the called number when Defendant 

bombarded Plaintiff with collection calls and then continued to do so even after 

Plaintiff told Defendant stop calling Plaintiff;

c. Defendant violated § 1692e of the FDCPA by its use of any false, deceptive, or 

misleading representation or means in connection with the collection of any debt

when Defendant created the false impression on Plaintiff that Defendant was 

permitted by law to continue to call Plaintiff with impunity despite Plaintiff telling 

Defendant to stop calling Plaintiff; 

d. Defendant violated § 1692e(10) of the FDCPA by its use of any false, deceptive, 

or misleading representation or means in connection with the collection of any debt

when Defendant created the false impression on Plaintiff that Defendant was 

permitted by law to continue to call Plaintiff with impunity despite Plaintiff telling 

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Defendant to stop calling Plaintiff; and

e. Defendant violated § 1692f of the FDCPA by using unfair or unconscionable 

means in connection with the collection of an alleged debt when Defendant 

engaged in all the misconduct alleged herein.

WHEREFORE, Plaintiff, DEAN W. HARTNITT, respectfully request judgment be 

entered against NATIONAL CREDIT ADJUSTERS, LLC, for the following:

a. Statutory damages of $1,000.00 for each Plaintiff pursuant to the Fair Debt 

Collection Practices Act, 15 U.S.C. § 1692k;

b. Costs and reasonable attorneys’ fees for each Plaintiff pursuant to the Fair Debt 

Collection Practices Act, 15 U.S.C. § 1692k; and

c. Any other relief that this Honorable Court deems appropriate.

COUNT II:

DEFENDANT VIOLATED THE TEXAS DEBT COLLECTION ACT 

31. Plaintiff repeats and realleges paragraphs 1-29 of Plaintiff’s Complaint as the allegations 

in Count II of Plaintiff’s Complaint.

32. Defendant violated the TDCA based on the following:

a. Defendant violated Tex. Fin. Code § 392.302(4) by oppressing, harassing, or 

abusing Plaintiff by causing a telephone to ring repeatedly or continuously, or 

making repeated or continuous telephone calls, with the intent to harass a person 

at the called number when Defendant continued to call Plaintiff after Plaintiff 

requested that Defendant stop calling Plaintiff.

WHEREFORE, Plaintiff, DEAN W. HARTNITT, respectfully requests judgment be 

entered against Defendant, NATIONAL CREDIT ADJUSTERS, LLC, for the following:

a. For damages provided and pursuant to Tex. Fin. Code Ann. § 392.403 and/or Tex. 

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Bus. & Com. Code § 17.50(d); 

b. For attorneys’ fees, costs and disbursements;

c. Injunctive relief pursuant to Tex. Fin. Code Ann. § 392.403(a)(1); and

d. For any such other and further relief, as well as further costs, expenses and

disbursements for this action, as this court may deem just and proper.

Respectfully submitted,

Date: April 8, 2020 AGRUSS LAW FIRM, LLC

By: /s/ Michael S. Agruss 

Michael S. Agruss 

IL State Bar #: 6281600 

Agruss Law Firm, LLC

4809 N. Ravenswood Avenue, Suite 419 

Chicago, IL 60640 

Tel: 312-224-4695 

Fax: 312-253-4451 

michael@agrusslawfirm.com

Attorneys for Plaintiff

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