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

PORTLAND DIVISION 

MELINDA BANNER,

Plaintiff,

vs.

QUICK COLLECT, INC.,

Defendant.

Case No.: 3:15-cv-1985

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, Melinda Banner (“Plaintiff”), is a natural person residing in Wasco 

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Complaint – Page 2

County, Oregon.

4. Defendant, Quick Collect, 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. Making false statements or using deceptive practices in connection with 

collection of a debt, including stating that Plaintiff’s debt could remain on her credit for 7 

years, where Defendant did not specify that the counter on the 7 year limitation period 

starts at the date of first delinquency (§ 1692e(10)).

10. Communicating with a single third party more than once in connection with 

an attempt to collect an alleged debt from Plaintiff, including leaving a message disclosing 

the debt on a general work voicemail (§ 1692b(3) & § 1692c(b)).

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

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Complaint – Page 3

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

anguish and severe emotional distress. 

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, 

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Complaint – Page 4

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

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

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

PLAINTIFF HEREBY REQUESTS A TRIAL BY JURY

Dated this 21st day of October, 2015

By:__s/Joshua Trigsted______ 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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