1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

SCOTT J. SAGARIA (BAR # 217981)

ELLIOT W. GALE (BAR #263326)

JOE B. ANGELO (BAR #268542)

SCOTT M. JOHNSON (BAR #287182)

SAGARIA LAW, P.C.

2033 Gateway Place, 5

th Floor 

San Jose, CA 95110

408-279-2288 ph

408-279-2299 fax

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION

 CASE NO. 

PLAINTIFF’S COMPLAINT FOR DAMAGES:

1. Violation of the Rosenthal Fair Debt 

Collection Practices Act

2. Violation of the Telephone Consumer 

Protection Act

Dawn Barkley,

Plaintiff,

v.

Capital One, National Association; 

Northland Group, and DOES 1 through 100 

inclusive,

Defendants.

COMES NOW Plaintiff Dawn Barkley, an individual, based on information and belief, to 

allege as follows: 

INTRODUCTION

1. This is an action for damages brought by an individual consumer for Defendant’s 

violations of the Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code §1788, et seq. 

(hereinafter “Rosenthal Act”), which prohibits debt collectors from engaging in abusive, 

deceptive, and unfair practices and violation of the Telephone Consumer Protection Act 47

U.S.C. §227, et seq. (hereinafter “TCPA”), which prohibits the use of automated dialing 

equipment when making calls to consumers. 

Case 5:17-cv-00297-NC Document 1 Filed 01/20/17 Page 1 of 7
2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2. Plaintiff brings this action against Defendants Capital One, National Association 

(hereinafter “Capital One”) and Northland Group (hereinafter “Northland”) for its abusive and 

outrageous conduct in connection with debt collection activity. 

3. In Calif. Civil Code § 1788.1(a)-(b), the California Legislature made the following 

findings and purpose in creating the Rosenthal Act:

(a)(1) The banking and credit system and grantors of credit to consumers are dependent 

upon the collection of just and owing debts. Unfair or deceptive collection practices 

undermine the public confidence which is essential to the continued functioning of the 

banking and credit system and sound extensions of credit to consumers. 

(2) There is need to ensure that debt collectors and debtors exercise their 

responsibilities to another with fairness and honesty and due regard or the rights of the 

other. 

(b) It is the purpose of this title to prohibit debt collectors from engaging in unfair or 

deceptive acts of practices in the collection of consumer debts and to require debtors to 

act fairly in entering into and honoring such debts, as specified in this title. 

4. While may violations are described below with specificity, this Complaint alleges 

violations of the statutes cited in their entirety. 

5. The TCPA was designed to prevent calls like the ones described herein, and to protect 

the privacy of citizens like Plaintiff, and by enacting the TCPA, Congress intended to give 

consumers a choice as to how corporate entities may contact them and to prevent the nuisance 

associated with automated or prerecorded calls. 

JURISDICTION & VENUE

6. This Court has jurisdiction under 28 U.S.C. §§ 1331, 1337, and 1367, and 47 U.S.C. § 

227.

7. This venue is proper pursuant to 28 U.S.C. §1391(b). 

GENERAL ALLEGATIONS

8. Plaintiff Dawn Barkley (hereinafter “Plaintiff”) is an individual residing in the state of 

California, and is a “debtor” as defined by Cal. Civ. Code §1788.2(g). 

9. At all relevant times herein, Defendants Capital One and Northland were companies

engaged, by the use of mail, email, and telephone, in the business of collecting a debt from 

Plaintiff, and a “consumer debt,” as defined by Cal. Civ. Code §1788.2(f). 

Case 5:17-cv-00297-NC Document 1 Filed 01/20/17 Page 2 of 7
3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

10. At all relevant times, Defendants acted as a “debt collector” within the meaning of

Cal. Civ. Code §1788.2(c) 

11. Plaintiff had taken out an unsecured loan with Capital One on or about December of 

2012. 

12. The loan Plaintiff took from Defendant Capital One was extended primarily for 

personal, family or household purposes and is therefore a “debt” as that terms is defined by the 

Calif. Civil Code § 1788.2(d) of the Rosenthal Act. 

13. Defendant Capital One has been attempting to collect on a debt that originated from 

monetary credit that was extended primarily for personal, family, or household purposes, and 

was therefore a “consumer credit transaction” within the meaning of Calif. Civil Code § 

1788.2(3) of the Rosenthal Act. 

14. Because Plaintiff, a natural person allegedly obligated to pay money to Defendant 

Capital One arising from what Plaintiff is informed and believes was a consumer credit 

transaction, the money allegedly owed was a “consumer debt” within the meaning of 

California Civil Code § 1788.2(f) of the Rosenthal Act. 

15. Plaintiff is informed and believes that Defendant is one who regularly collects or 

attempts to collect debts on behalf of themselves, and is therefore a “debt collector” within the 

meaning of the Calif. Civil Code § 1788.2(c) of the Rosenthal Act, and thereby engages in 

“debt collection” within the meaning of the California Civil Code § 1788.2(b) of the Rosenthal 

Act, and is also therefore a “person” within the meaning of California Civil Code § 1788.2(g) 

of the Rosenthal Act. 

16. Plaintiff’s account was an unsecured loan and Plaintiff began making payments on the 

accounts. 

17. Plaintiff began making payments on the loan before she became financially unable to 

keep up with the monthly payments.

18. Defendant Capital One began contacting Plaintiff in June of 2016 to inquire about the 

status of the loan and to collect on the payments that were no longer being made. 

19. Plaintiff retained counsel to assist in dealing with Capital One debt and to seek some 

type of financial relief. 

Case 5:17-cv-00297-NC Document 1 Filed 01/20/17 Page 3 of 7
4

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

20. Counsel for Plaintiff sent Defendant Capital One a letter confirming representation of 

Plaintiff and that Defendant was to no longer contact Plaintiff directly and that all 

calls/letters/collection efforts were to no longer be directed at Plaintiff.

21. Counsel for Plaintiff sent the letter of representation to Capital One on or about July 

25, 2016. 

22. Plaintiff informed Capital One that she was revoking her consent to be called on her 

telephone on July 25, 2016.

23. Defendant Capital One continued to contact Plaintiff between approximately July 26, 

2016 – present; the type of contact was through phone calls to Plaintiff as well as sending 

collection letters. 

24. Plaintiff was contacted daily nearly every day regarding non-payment of the debt 

owed to Capital One despite Capital One being notified that Plaintiff had retained counsel to 

deal specifically with the debt owed to Capital One. 

25. Capital One’s calls were frequent in nature and continued despite receiving written 

confirmation that Plaintiff was represented by an attorney. 

26. Capital One also retained the services of a collection agency and counsel after being 

notified of Plaintiff’s representation; Capital One caused further collection letters to be sent 

directly to Plaintiff in an attempt to make Plaintiff pay on the debt. 

27. Plaintiff believes that Capital One enlisted the assistance of Northland Group to 

continue to harass Plaintiff until payment was made on the account; Plaintiff believes Capital 

One engaged the services of Northland Group in July of 2016. 

28. Defendant Northland Group began contacting Plaintiff demanding payment be made 

on the Capital One account. 

FIRST CAUSE OF ACTION

(Violation of the Rosenthal Act)

(Cal. Civ. Code §§ 1788-1788.32)

(Against Defendants and Does 1-100)

29. Plaintiff realleges and incorporates herein the allegation in each and every paragraph 

above as though fully set forth herein.

30. Plaintiff provided written notice that he was represented by sending Defendant a letter 

with the name, address, and contact information of her attorney and informed Defendant that she 

was represented. 

Case 5:17-cv-00297-NC Document 1 Filed 01/20/17 Page 4 of 7
5

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

31. Defendant continued to call and attempt to make contact with Plaintiff despite receiving 

notice of representation and being informed that Plaintiff had retained counsel in an effort to deal 

with the debt that was owed to Defendant. 

32. The calls and communications made by Defendant to Plaintiff were not related to 

statements of Plaintiff’s account and were attempts to collect a debt. 

33. Plaintiff received daily calls from Capital One from at least July 28, 2016 – present.

34. Defendant violated Cal. Civ. Code §1788.14 by contacting Plaintiff after receiving 

noticed that Plaintiff had retained an attorney. 

SECOND CAUSE OF ACTION 

(Violation of the TCPA) 

(47 USC § 227)

(Against Defendants and Does 1-100)

35. Plaintiff realleges and incorporates herein the allegation in each and every paragraph 

above as though fully set forth herein.

36. Since at least about June of 2016 Defendant started calling Plaintiff’s cellular telephone 

requesting that payment be made on the accounts Plaintiff held with Defendant. 

37. Plaintiff informed Defendant that she was revoking consent to be contacted by Capital 

One on May 28, 2016. 

38. Capital One continued to call Plaintiff frequently since Plaintiff withdrew her consent 

to be contacted by an automatic dialing machine. 

39. Defendant would contact Plaintiff several times each day regarding payment on the 

accounts. 

40. Defendant placed the above cited calls using an artificial or prerecorded voice to deliver 

the collection messages without Plaintiff’s prior express consent. 

41. All calls placed by Defendant to Plaintiff utilized an “automatic telephone dialing 

system” as defined by 47 U.S.C. §227(a)(1). 

42. These calls were made to Plaintiff’s cellular telephone and were not calls for an 

emergency purposed as defined by 47 U.S.C. §227(b)(1)(B). 

43. These telephone calls by Defendant, or its agent, violated 47 U.S.C. §227(b)(1)(B). 

THIRD CAUSE OF ACTION

(Violation of the FDCPA)

(15 USC § 1692)

(Against Defendants and Does 1-100)

Case 5:17-cv-00297-NC Document 1 Filed 01/20/17 Page 5 of 7
6

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

44. Plaintiff realleges and incorporates herein the allegation in each and every paragraph 

above as though fully set forth herein.

45. Defendant Northland Group, since at least July of 2016, has been attempting to collect 

a debt from Plaintiff in violation of 11 U.S.C. 1692 as Plaintiff retained counsel to assist with 

the underlying Debt. 

46. Defendant Northland Group violated 11 U.S.C. 1692(b)(6) by attempting to collect on 

Plaintiff’s debt when Plaintiff was represented by counsel. 

47. Defendant Northland Group did not communicate with Counsel for Plaintiff, instead it 

continued to attempt and collect the debt directly from Plaintiff. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment as follows:

a. An award of actual damages pursuant to California Civil Code §1788.30(a), as 

will be proven at trial, which are cumulative and in addition to all other 

remedies provided for in any other cause of action pursuant to California Civil 

Code §1788.32.

b. An award of statutory damages of $1,000.00 pursuant to Cal. Civ. Code 

§1788.30(b), which are cumulative and in addition to all other remedies 

provided for in California Civil Code §1788.32; and

c. An award of costs of litigation and reasonable attorney’s fees pursuant to Cal. 

Civ. Code §1788.30(c).

d. An award of statutory damages of $1,500.00 pursuant to 47 U.S.C. 

§227(b)(3)(C) for each and every violation. 

e. Pursuant to 47 U.S.C. §227(b)(3)(A), injunctive relief prohibiting such conduct 

in the future. 

f. Pursuant to 15 U.S.C. 1692(k) both actual damages and statutory damages in an 

amount to be proven at trial. 

SAGARIA LAW, P.C.

Dated: January 20, 2017 By: /s/ Scott Johnson

Scott Sagaria, Esq.

Scott Johnson, Esq.

Attorneys for Plaintiff

DEMAND FOR JURY TRIAL

Case 5:17-cv-00297-NC Document 1 Filed 01/20/17 Page 6 of 7
7

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Plaintiff hereby demands trial of this matter by jury.

SAGARIA LAW, P.C.

Dated: January 20, 2017 /s/ Scott Johnson

Scott Sagaria, Esq.

Scott Johnson, Esq.

Attorneys for Plaintiff

Case 5:17-cv-00297-NC Document 1 Filed 01/20/17 Page 7 of 7