UNITED STATES DISTRICT COURT 

. . I3 li *L fl. I Western District of Texas j i ,i ju. 

Austin Division 

TIFFANY MCKAY, 

Plaintiff 

V. 

NATIONAL MANAGEMENT 

RECOVERY CORPORATION 

HARTFORD CASUALTY 

INSURANCE COMPANY 

Defendants. 

- - CASE # 1:20-cv-00547-RP 

DEMAND FOR JURY TRIAL 

FIRST AMENDED COMPLAINT 

1. Plaintiff Tiffany McKay brings this action for claims 

under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 

§ 1692, et seq., and the Texas Debt Collection Act ("TDCA"), Tex. 

Fin. Code Chapter 392, to obtain actual damages, statutory 

damages, injunctive relief, costs and a reasonable attorney's fee for 

violations of the FDCPA and the TDCA. 

VENUE 

2. Venue is proper in the United States District Court for 

the Western District of Texas, Austin Division, because the acts and 

Case 1:20-cv-00547-RP Document 6 Filed 06/17/20 Page 1 of 6
transactions occurred in this district and because the Defendant 

transacts business in this district. 

THE PARTIES 

3. Plaintiff Tiffany McKay ("McKay") is an individual 

residing in Travis County, Texas. 

4. Defendant National Management Recovery Corporation 

("NMRC") is a company organized and existing under the laws of the 

State of Florida. NMRC may be served by serving its registered 

agent at the following address: 

Corporation Service Company 

211 E. 7th Street, Suite 620 

Austin, TX 78701-3218 USA 

5. Defendant Hartford Casualty Insurance Company may be 

served by serving its registered agent at the following address: 

CT Corporation System 

1999 Bryan St., Ste. 900 

Dallas, TX 75201 

FACTUAL ALLEGATIONS 

6. McKay resides in Austin, TX. 

7. McKay allegedly owed money to ACE Cash Express for a 

-2- 

Case 1:20-cv-00547-RP Document 6 Filed 06/17/20 Page 2 of 6
8. McKay used the loan for personal and household 

purposes. 

9. McKay did not pay the alleged debt and it went into 

default. 

10. After default, the debt as sent to NMRC for collection. 

11. NMRC describes itself as providing "the highest quality 

debt collection services for creditors with outstanding delinquent or 

distressed receivables." 

12. NMRC attempted to collect the alleged debt from McKay. 

13. NMRC called McKay's phone. 

14. NMRC stated that the call was from a police officer and 

that if McKay did not pay the alleged debt that a criminal action 

would commence against her. 

debt. 

15. The call was not from a police officer. 

16. McKay had not committed a crime related to the alleged 

17. McKay was frightened by the call from the alleged police 

officer. 

18. McKay called the number the "police officer" gave her. 

1 https: / /nationalrecovery.net/about-us/ 

-3- 

Case 1:20-cv-00547-RP Document 6 Filed 06/17/20 Page 3 of 6
19. The phone number sent calls to NMRC. 

20. McKay set up a payment plan with NMRC. 

21. McKay made a payment of $340.00 on the alleged debt to 

22. The alleged debt is a "debt" as that term is defined by 

§ 1692a(5) of the FDCPA. 

23. McKay is a "consumer" as that term is defined by 

§ 1692a(3) of the FDCPA. 

24. NMRC is a "debt collector" as defined by § 1692a(6) of the 

FDCPA. 

VIOLATIONS OF THE FDCPA § 1692e 

25. Plaintiff re-alleges the above paragraphs as if set forth 

fully in this count. 

26. Section 1692e of the FDCPA states: 

A debt collector may not use any false, deceptive, or 

misleading representation or means in connection with the 

collection of any debt. Without limiting the general 

application of the foregoing, the following conduct is a 

violation of this section: 

(7) The false representation or implication that the consumer 

committed any crime or other conduct in order to disgrace the 

consumer. 

-4- 

Case 1:20-cv-00547-RP Document 6 Filed 06/17/20 Page 4 of 6
(10) The use of any false representation or deceptive means 

to collect or attempt to collect any debt or to obtain 

information concerning a consumer. 

27. NMRC violated § 1692e(7) of the FDCPA by falsely 

representing that McKay had committed a crime. 

28. NMRC violated § 1692e(10) of the FDCPA by falsely 

representing that the call was from a police officer. 

VIOLATIONS OF THE TDCA 392.30 1 

29. Plaintiff re-alleges the above paragraphs as if set forth 

fully in this count. 

30. Section 301 of the TDCA states: 

THREATS OR COERCION. (a) In debt collection, a debt 

collector may not use threats, coercion, or attempts to coerce 

that employ any of the following practices: 

(2) accusing falsely or threatening to accuse falsely a person of 

fraud or any other crime; 

(6) threatening to file a charge, complaint, or criminal action 

against a debtor when the debtor has not violated a criminal 

law[.J 

31. NMRC violated § 301 of TDCA by falsely accusing McKay 

of committing a crime. 

-5- 

Case 1:20-cv-00547-RP Document 6 Filed 06/17/20 Page 5 of 6
32. NMRC violated § 301 of the TDCA by falsely threatening 

to file a charge, complaint, or criminal action against McKay when 

she had not violated a criminal law. 

REQUEST FOR RELIEF 

33. Plaintiff requests that this Court award her: 

a. Statutory damages; 

b. Actual damages; 

c. Injunctive relief; 

d. Costs; and 

e. A reasonable attorney's fee. 

JURY DEMAND 

Plaintiff demands trial by jury. 

Tyler Hickle, SBN 24069916 

Law Office of Tyler Hickle, PLLC 

4005C Banister Lane, Ste. 120C 

Austin, TX 78704 

Tel: (512) 289-3831 Fax: (512) 870-9505 

tylerhicklep1lc. corn 

RestectfulLv Submitted, 

By: 1'Q2t '?4?Lk 

Plaintiff's Attorney 

Case 1:20-cv-00547-RP Document 6 Filed 06/17/20 Page 6 of 6