COMPLAINT - Page 1 of 4

Olsen Daines PC

US Bancorp Tower

111 SW 5th Ave., 31st Fl.

Portland, Oregon 97204

Direct 503-201-4570

Michael Fuller, Oregon Bar No. 09357

Trial Attorney for Plaintiff

Olsen Daines PC

US Bancorp Tower

111 SW 5th Ave., 31st Fl.

Portland, Oregon 97204

michael@underdoglawyer.com

Direct 503-201-4570

Lyndon Ruhnke, Oregon Bar No. 993540

Of Attorneys for Plaintiff

Lyndon Ruhnke PC

lyndon@lyndonruhnke.com

Phone 503-665-2944

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

KATHERINE FRANCO,

a consumer residing in 

Multnomah County,

Plaintiff,

v.

NATIONSTAR MORTGAGE LLC,

a Delaware limited liability company,

Defendant.

 Case No. 3:15-cv-2076

COMPLAINT

47 U.S.C. § 227 et seq.

DEMAND FOR JURY TRIAL

Case 3:15-cv-02076-JE Document 1 Filed 11/05/15 Page 1 of 4
COMPLAINT - Page 2 of 4

Olsen Daines PC

US Bancorp Tower

111 SW 5th Ave., 31st Fl.

Portland, Oregon 97204

Direct 503-201-4570

1. 

JURISDICTION AND THE PARTIES

The United States District Court for the District of Oregon has jurisdiction of this action 

pursuant to 28 U.S.C. § 1331 because the Telephone Consumer Protection Act (“TCPA”) is a 

federal law.

2.

Katherine Franco (“plaintiff”) is a natural person residing in Multnomah County, Oregon.

3.

Nationstar Mortgage LLC (“defendant”) is a Delaware limited liability company that 

regularly operates its debt collection business in Multnomah County.

4.

The venue and division of this Court are proper because defendant’s calls were directed 

at plaintiff while she resided in Multnomah County, Oregon.

Case 3:15-cv-02076-JE Document 1 Filed 11/05/15 Page 2 of 4
COMPLAINT - Page 3 of 4

Olsen Daines PC

US Bancorp Tower

111 SW 5th Ave., 31st Fl.

Portland, Oregon 97204

Direct 503-201-4570

5.

FACTUAL ALLEGATIONS

Between June 1, 2014 and September 18, 2015, defendant used an “automatic telephone 

dialing system” as that term is defined in the TCPA and by the Federal Communications 

Commission, to harass plaintiff with unwanted calls to her cell phone that served no legitimate 

purpose, that defendant knew or should have known violated the TCPA, after plaintiff and 

plaintiff’s attorney had explicitly demanded plaintiff receive no further calls from defendant and 

explicitly revoked any prior consent to receive calls from defendant.

6.

CAUSE OF ACTION

CLAIM ONE AGAINST DEFENDANT

(47 U.S.C. § 227(b)(3))

Plaintiff re-alleges all of the above paragraphs by reference.

7.

Defendant’s conduct as alleged above failed to comply with the TCPA, including and not 

limited to the provisions contained in § 227(b)(1)(A)(iii), and plaintiff is entitled to maximum 

statutory damages, and costs.

8.

DEMAND FOR JURY TRIAL.

Case 3:15-cv-02076-JE Document 1 Filed 11/05/15 Page 3 of 4
COMPLAINT - Page 4 of 4

Olsen Daines PC

US Bancorp Tower

111 SW 5th Ave., 31st Fl.

Portland, Oregon 97204

Direct 503-201-4570

WHEREFORE, after a determination or stipulation that defendant’s conduct as alleged 

in this complaint violated the TCPA, plaintiff seeks judgment against defendant for the 

following:

1. An award of maximum statutory damages;

2. An award reimbursing her for the costs of prosecuting this action; and

3. Any other equitable relief this Court may determine to be fair and just.

DATED: November 5, 2015

RESPECTFULLY FILED,

s/ Michael Fuller

Michael Fuller, Oregon Bar No. 09357

Trial Attorney for Plaintiff

Olsen Daines PC

US Bancorp Tower

111 SW 5th Ave., 31st Fl.

Portland, Oregon 97204

michael@underdoglawyer.com

Direct 503-201-4570

Case 3:15-cv-02076-JE Document 1 Filed 11/05/15 Page 4 of 4