PLAINTIFF’S COMPLAINT 1

Sharon D. Cousineau 

Samwel, Cousineau & Shea PC 

700 West Evergreen Boulevard 

Vancouver, WA 98660 

360-750-3789 (tel) 

360-750-3788 (fax) 

sdcousineau@gmail.com 

Attorneys for Plaintiff 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

EUGENE DIVISION 

LINDA SOMERS 

 Plaintiff, 

 v. 

PAYPAL, INC. 

 Defendant.

Case No.: 

COMPLAINT 

(Unlawful Debt Collection Practices) 

 

LINDA SOMERS (Plaintiff), through her attorneys,, alleges the following against 

PAYPAL, INC. (Defendant): 

INTRODUCTION 

1. Plaintiff’s Complaint is based on the Telephone Consumer Protection Act, 28 U.S.C. § 227

et seq. (TCPA). 

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

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

JURISDICTION AND VENUE 

3. Jurisdiction of this Court arises pursuant to 28 U.S.C. § 1331. 

4. Defendant conducts business in the state of Oregon, and therefore, personal jurisdiction is 

established. 

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PLAINTIFF’S COMPLAINT 2

5. Venue is proper pursuant to 28 U.S.C. 1391(b)(2). 

PARTIES 

6. Plaintiff is a natural person residing in Eugene, Lane County, Oregon. 

7. Defendant is a business entity with offices located throughout the country, including an 

office in San Jose, California. 

FACTUAL ALLEGATIONS

10. In or around July of 2013, Defendant began placing collection phone calls to 

Plaintiff, seeking and demanding payment for an alleged consumer debt. 

11. Defendant places collection calls to Plaintiff's cellular telephone number at 541-556-

13XX. 

12. Defendant placed collection calls from telephone numbers including, but not limited to, 

888-895-5592. 

13. Per its prior business practices, each of these collection calls were placed using an 

automatic telephone dialing system. 

14. In or around July of 2013, Plaintiff spoke to Defendant’s representative and requested 

that Defendant cease placing calls to her cellular phone. 

15. Plaintiff revoked any consent, express or implied, to receive automated calls from 

Defendant on her cellular telephone. 

16. Despite Plaintiff’s request to cease, Defendant continued placed at least thirty (30) calls 

to Plaintiff at the following approximate dates and times: 

 July 5, 2013: two (2) calls; 

 July 6, 2013: two (2) calls; 

 July 8, 2013: one (1) call; 

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PLAINTIFF’S COMPLAINT 3

 July 9, 2013: one (1) call; 

 July 10, 2013: two (2) calls; 

 July 11, 2013: one (1) call; 

 July 16, 2013: one (1) call; 

 July 17, 2013: two (2) calls; 

 July 18, 2013: one (1) call; 

 July 19, 2013: two (2) calls; 

 July 22, 2013 two (2) calls; 

 July 23, 2013: two (2) calls; 

 July 24, 2013: one (1) call; 

 July 25, 2013: two (1) calls; 

 July 26, 2013: one (1) call; 

 July 29, 2013: two (2) calls; 

 July 30, 2013: one (1) call; 

 July 31, 2013: one (1) call; 

 August 1, 2013: one (1) call; 

 August 3, 2013: one (1) call; 

 August 6, 2013: one (1) call; 

 August 7, 2013: one (1) call. 

COUNT I 

DEFENDANT VIOLATED THE TELEPHONE CONSUMER PROTECTIONS ACT 

17. Defendant’s actions alleged supra constitute numerous negligent violations of the TCPA, 

entitling Plaintiff to an award of $500.00 in statutory damages for each and every violation 

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PLAINTIFF’S COMPLAINT 4

pursuant to 47 U.S.C. § 227(b)(3)(B). 

18. Defendant’s actions alleged supra constitute numerous and multiple knowing and/or willful 

violates of the TCPA, entitling Plaintiff to an award of $1500.00 in statutory damages for 

each and every violation pursuant to 47 U.S.C. § 227(b)(3)(B) and 47 U.S.C. § 

227(b)(3)(C). 

PRAYER FOR RELIEF 

Wherefore, Plaintiff, LINDA SOMERS, respectfully requests judgment be entered 

against Defendant, PAYPAL, INC. for the following: 

19. Statutory damages of $500.00 for each and every negligent violation of the TCPA pursuant 

to 47 U.S.C. § (b)(3)(B); 

20. Statutory damages of $1500.00 for each and every knowing and/or willful violation of the 

TCPA pursuant to 47 U.S.C. § (b)(3)(b) and 47 U.S.C. § (b)(3)(C); 

21. All court costs, witness fees and other fees incurred; and 

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

DATED: May 16, 2014 

RESPECTFULLY SUBMITTED, 

By: s/Sharon D. Cousineau

 Sharon Cousineau 

 OSB No. 011637 

 Ph: (971) 207-5140 

 Attorney for Plaintiff 

 

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