Complaint – Page 1

Joshua Trigsted

Oregon State Bar ID Number 06531

Trigsted Law Group, P.C.

5200 SW Meadows Rd, Ste 150

Lake Oswego, OR 97035

503-376-6774, ext. # 216

866-927-5826 facsimile

jtrigsted@attorneysforconsumers.com

Attorney for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

EUGENE DIVISION 

VERA NALEAN CLINTON,

Plaintiff,

vs.

CONVERGENT OUTSOURCING,

INC., Defendant.

Case No.: 6:14-cv-1565

COMPLAINT;

FAIR DEBT COLLECTION PRACTICES 

ACT (15 U.S.C. § 1692a, et seq.);

DEMAND FOR JURY TRIAL

I. INTRODUCTION

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

Defendant’s violations of the federal Fair Debt Collection Practices Act, 15 U.S.C. § 

1692, et seq. (hereinafter “FDCPA”).

II. JURISDICTION

2. Plaintiff’s claim for violations of the FDCPA arises under 15 U.S.C. § 

1692k(d), and therefore involves a “federal question” pursuant to 28 U.S.C. § 1331. 

III. PARTIES

3. Plaintiff, Vera Nalean Clinton (“Plaintiff”), is a natural person residing in 

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Complaint – Page 2

Marion County, Oregon.

4. Defendant, Convergent Outsourcing, Inc., (“Defendant”) is a corporation 

engaged in the business of collecting debts by use of the mails and telephone. Defendant

regularly attempts to collect debts alleged due another.

IV. FACTUAL ALLEGATIONS

5. Defendant is a “debt collector” as defined by the FDCPA, 15 U.S.C. § 

1692a(6).

6. Plaintiff is a “consumer” as defined by the FDCPA, 15 U.S.C. § 1692a(3).

7. All activities of Defendant set out herein were undertaken in connection 

with the collection of a “debt,” as defined by 15 U.S.C. § 1692a(5). 

8. Within the last year, Defendant took multiple actions in an attempt to 

collect a debt from Plaintiff. Defendant’s conduct violated the FDCPA in multiple ways, 

including the following.

9. Falsely representing the character, amount, or legal status of Plaintiff’s 

debt, including collecting a debt Plaintiff does not owe to Centurylink (§ 1692e(2)(A)).

10. Communicating with Plaintiff at times or places which were known or 

should have been known to be inconvenient for Plaintiff, including calling Plaintiff 

before 8:00 am local time (§ 1692c(a)(1)).

11. As a result of the aforementioned violations, Plaintiff suffered and 

continues to suffer injuries to Plaintiff’s feelings, personal humiliation, embarrassment, 

mental anguish and severe emotional distress. 

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Complaint – Page 3

12. Defendant intended to cause, by means of the actions detailed above, 

injuries to Plaintiff’s feelings, personal humiliation, embarrassment, mental anguish and 

severe emotional distress.

13. Defendant’s actions, detailed above, were undertaken with extraordinary 

disregard of, or indifference to, known or highly probable risks to purported debtors.

14. To the extent Defendant’s actions, detailed above, were carried out by an 

employee of Defendant, that employee was acting within the scope of his or her 

employment.

COUNT I: VIOLATION OF FAIR DEBT COLLECTION PRACTICES ACT

15. Plaintiff reincorporates by reference all of the preceding paragraphs.

16. The preceding paragraphs state a prima facie case for Plaintiff and against 

Defendant for violations of the FDCPA.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that judgment be entered against the 

Defendant for the following:

A. Declaratory judgment that Defendant’s conduct violated the FDCPA;

B. Actual damages pursuant to 15 U.S.C. 1692k;

C. Statutory damages pursuant to 15 U.S.C. § 1692k;

D. Costs, disbursements and reasonable attorney’s fees for all successful 

claims, and any unsuccessful claims arising out of the same transaction or occurrence as 

the successful claims, pursuant to 15 U.S.C. § 1692k; and,

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Complaint – Page 4

E. For such other and further relief as may be just and proper.

PLAINTIFF HEREBY REQUESTS A TRIAL BY JURY

Dated this 2nd day of October, 2014.

By:

Joshua Trigsted ___s/Joshua Trigsted____

Trigsted Law Group, P.C.

5200 SW Meadows Rd, Ste 150

Lake Oswego, OR 97035

503-376-6774, ext. # 216

866-927-5826 facsimile

Attorney for Plaintiff

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