UNITED STATES DISTRICT COURT

0EC 0 1 2023

EASTERN DISTRICT OF TEXAS

v. ) Case No.

JAVITCH BLOCK LLC

Defendant,

DAJORE J MARKS

Plaintiff,

By

DEpy-j-y

) JURY TRIAL DEMANDED

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff DAJORE J MARKS as and for his complaint respectfully alleges:

I. INTRODUCTIO 

1. This is an action brought by Plaintiff DAJORE J MARKS, an individual consumer, seeking

actual, statutory damages, and costs against Defendant JAVITCH BLOCK LLC.

(hereinafter Javitch Block ) for violations of the Fair Debt Collections Practices Act, 15

U.S.C. § 1692 et seq. (hereinafter FDCPA”) which prohibits debt collectors from engaging

in abusive, deceptive, and unfair practices.

IL JURISDICTION AND VENUE

2. Jurisdiction of this court arises under 15 U.S.C. § 1692k(d) and 28 U.S.C. § 1331 because

the complaint alleges a federal claim and requires the resolution of substantial questions of

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federal law. Venue is proper in that the Defendant transacts business in Beaumont, Texas

and the conduct complained of occurred in Beaumont, Texas.

III. PARTIES

3. Plaintiff DAJORE J MARKS is a natural person residing in Beaumont, Jefferson County,

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

4. Plaintiff Dajore Marks is allegedly obligated to pay money arising out of a transaction in

which the money, property, insurance, or services which are the subject of the transaction

are primarily for personal, family, or household purposes.

5. Upon information and belief, Defendant Javitch Block has a principal place of business

that is located at 1100 Superior Avenue, 19th Floor, Cleveland, OH 44114 and is authorized

to do business in the State of Texas, and the conduct complained of occurred in Beaumont,

Texas.

6. Defendant Javitch Block is engaged in the collection of debt from consumers using the

mails and telephone. Defendant regularly attempts to collect consumers debts alleged to

be due to another. The alle ed debt arose from a financial obligation that was primarily for

personal, family, or household purposes and is therefore a debt as that term is defined by

15 U.S.C. §1692a(5).

7. Defendant Javitch Block, is a “debt collector as defined by the FDCPA, 15 U.S.C

§ 1692a(6).

IV. FACTS OF THE COMPLAINT

8. Plaintiff received a letter from Defendant Javitch Block, about a debt alle edly owed to

SYNCHRONY BANK in the amount of $2019.03.

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9. On or about October 17th, 2023, Plaintiff sent a letter to Defendant Javitch Block stating

that email was the only convenient way to contact Plaintiff. The letter contained the

Plaintiff s contact email.

10. The tracking number for this mailing is 9589 0710 5270 1424 2236 21.

11. On or about October 26111, 2023, Plaintiff received notice fro USPS that his letter was

received by Defendant Javitch Block.

12. On or about October 30th, 2023, Plaintiff received a letter in the mail from Defendant

Javitch Block attempting to collect a debt. These ctions constitute a willful violation of

15 U.S.C. § 1692c(a)(l) by Defendant Javitch Block after the Plaintiff sent communication

via letter statin that Defendant could only contact Plaintiff via email. Violations thereto

are documented by letters that are in the possession of Plaintiff.

V. FIRST CLAIM FOR RELIEF

15 U.S.C § 1692c(a)(l)

(Defendant: Javitch Block)

13. Plaintiff re-alleges and incorporates by reference paragraphs 1-12 above.

14. Defendant violated 15 U.S.C. § 1692c(a)(l) by communicating with Plaintiff via letter

after receiving written notice that Plaintiff could only be contacted via email.

15. Defendant caused injury in fact, by causin , amon other thin s, mental and emotional,

distress, invasion of personal privacy, and other injuries and damages to Plaintiff.

16. Defendants s conduct was ne ligent and/or willful.

17. Plaintiff is entitled to recover actual dam ges pursuant to 15 U.S.C. § 1692k(a)(l).

Alternatively, Plaintiff is entitled to statutory damages and other costs pursuant to

15 U.S.C. § 1692k(2)(A)(3).

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18. Alternatively, Plaintiff is entitled to statutory damages and other costs pursuant to

15 U.S.C. § 1692k(2)(A)(3).

VI. JURY DEMAND AND PRAYE FOR RELIEF

WHEREFORE, Plaintiff DAJORE J MARKS respectfully requests an jury trial and requests that

jud ment be entered in favor of Plaintiff and against the Defendant Javitch Block for:

a Judgment for the violations occurred for violating the FDCPA.

b Actual damages pursuant to 15 U.S.C § 1692k(a)(l).

c Statutory damages pursuant to 15 U.S.C § 1692k(2)(A).

d Cost pursuant to 15 U.S.C 1692k(3);

e For such other and further relief as the Court may deem just and proper.

Respectfully submitted:

Dated: December 4lh, 2023

DAJORE J MARKS

3760 Broadmoor Drive

Beaumont, TX 77707

Email: dmarks201 lgrad@gmail.com

Phone: (409)466-0673

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Case 1:23-cv-00431-MJT-CLS Document 1 Filed 12/01/23 Page 4 of 5 PageID #: 4
L (a) PLAINTIFFS DEFENDANTS

DAJORE J MARKS JAVITCH BLOCK LLC

(b)

(e) Attorneys (Finn Name. Address, and Telephone N ber) Atto eys (If Known)

IL BASIS OF JURISDICTION (Place n " in O e BoxO ly)

( orDiversily Caxes Only)

Foreig Country

TV. NATURE OF SUIT to an "' in One Box Only) Click here for:

CONTRACT BANKRl'riX.'Y

L BOR

IMMIGRATION

Litigation -

DEMANDS

DOCKET NUMBER 

D TE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE SE ONI '

Remanded from

Appellate Court

U.S. Government

Defendant

U.S. Government

PlaintiiT

Other

] 448 Education

Q 8 Multidistrict

Litigation -

| |3 Federal Question

(U.S. Government Not a Pa ty)

)710 Fair Labor Standards

Act

]72O Labor/Management

Relations

0740 Railway I ibor Act 751 Family and Medical

Leave Act

J790 Other Labor Litigation

791 Employee Retirement

Inco e Security Act

County of Residence of First Liste Defendant 

(I U.S. PLAINTIF ASKS ONLY)

NOTE: IN LAND CONDE NATION CASE , USE THE LOCATION OF

THE TRACT OF LAND INVOLVED.

C ECK YES only if demanded in complaint:

JURY DEMAND: nYes ONo

| 14 Diversity

(Indicate Citize ship of Pa ties in Item III)

550 Civil Rights

555 Prison Condition

560 Civil Detainee -

Conditions of

Confine ent

B 422 Appeal 28 USC158 423 Withdra al

28 USC 157

110 Insurance

120 Marine

_ 130 Miller Act

1 0 Negotiable Instrument

150 Recovery of Overpay ent

& Enforce ent of Judg ent

Bl 51 Medicare Act 152 Recoveiy o Defaulted

Student Loans

(Excludes Veterans)

| 1153 Recoveiy of Overpayment

of Veteran s Benefits

160 Stockhol ers Suits

190 Other Contract

195 Contract Product Liability

196 Franchise

v. ORIGIN (Place an X in OneBoxOnly)

| 11 Original [ J emove 'rom

Proceeding State Court

¦IS 44 (Rev. 04/21) CIVIL COVER SHEET

The JS 44 civi 1 cover sheet and the infor ation contained herein neither replace nor supple ent the filing and service of pleadings or ther papers as required by law, except as

provided by local rules of court. This for , approved by the Judicial Conference of the United States in Septe ber 197 , is required for the use of the Clerk of Court for the

purpose of initiatin the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FOIiA )

B 62 Naturalization Application 65 Other Immigration

Actions

SOCIAL SECLRin

861 HIA(I395iU

_ 86 Black Lung (923)

_ 86 DIWC/D1WW ( 05(g))

64 SSID Title XVI

865 RSI (405( ))

III. CITIZENSHIP OF PRINCIPAL PARTIES (/>/« ,» One BoxforPl iiitif

a d One ox for Defendant)

_ 440 Other Civil Rights

_ 441 Voting

442 Employment

_ 4 3 Housing/

Accom o ations

445 Amer. / isabilities -

Employ ent

446 A er. w/Disabifitic - 540 Manda us & Other

| 14 Reinstated or | | 5 Transferred fro [ | 6 Multidistrict

Reopened An ther District Litigation -

PRISdNER PE 1TT1ONS'

Habeas Corpus:

46 Alien Detainee

510 Motions to Vacate

Sentence

530 General

535 Death Penalty

Other:

REAL PROPERTY

210 Land Conde nation

_ 220 Foreclosure

230 Rent Lea e & Ejectment

_ 2 0 Torts to Land

245 fort Product Liability

90 All Other Real Property

PERSONAL INJURY

0310 Airplane 315 Air lane Product

Liability

20 Assault, Libel &

Slander

330 Federal E ployers 

Liability

B340 Marine 345 Marine Product

Liability

0350 otor Vehicle 355 Motor Vehicle

Product Liability

60 Other Personal

Injury

362 Personal Injury -

Medical Malpractice

crrnTRrcnTs 

County of Residence of First Listed Plainti f JofferSQ 

(EXCEPT IN U.S. PLAINTIFF CASES)

TORTS

PE SONAL INJURY

| | 365 Personal Injury -

Product Liability

I ] 367 Health Care

Ph rmaceutical

Personal Injury

Product Liability

| ) 36 Asbestos Personal

Injur Product

Liability

PERSONAL PROPERTY

70 OtherFrau 

_ 371 Truth in Lending

0 Other Pers nal

Property Da age

| | 385 Property Da age

Product Liability

FEDERAL TAX SUITS

870 Taxes (U.S. Plai tiff

or De endant)

871 IRS Third Party

26 USC 7609

VII. REQUESTED IN C ECK IF THIS IS A CLASS ACTION

COMPLAINT1 UNDER RULE 23, F.R.Cv.P.

VIII. RELATED CASE(S)

IF ANY (See in ns): 

OT ER ST U ES

0 75 False Claim Act 376 Qui Ta (31 USC

3729(a))

400 St te Reapportionment

410 Antitrust

4 0 Banks an Banking

450 Com erce

__ 460 Deportation

_ 47 Racketeer Inlluenced an 

Corru t Organizations

480 Consu er Credit

(15 USC 1681 or 1692)

485 Telephone Consumer

Protection Act

490 Cable Sat TV

850 Securitie /Commodities

Exchange

890 Other Statutory Actions

91 A ricultural Acts

93 Environ ental Matters

895 Freedom of Information

Act

896 Arbitration

8 9 Administrative Procedure

Act Reviewer eal of

Agency Decision

950 Constitutionality of

State Statutes

INTELLECTUAL

PROPERTY RIGHTS

820 C p ri hts

830 Patent

835 Patent - Abbreviated

New Drug A plication

0 Trade ark

880 Defen Trade Sec ets

Act of 2016

FORFE1TURE/PENALTY

1625 Drug Related Seizure

of Property 21 USC 881

690 Other

1>TF DEF i>tf DEF

Citizen of This State I ' Incor orated rPrinci al Place

of Busines In This State

4 4

Citizen of Another Slate 2 2 Incorporated iw/i/Principal Place

of Business In Another State

5 5

Citizen or Subject of a EP Foreign Nation o

(specify) Transfer Direct File

Cite the U.S. Civil Statute under which you are filing (Do not cite j isdictional stat tes unless diversity)'.

VI. CAUSE OF ACTION 15U.S.C. § 1692(FDCPA)

Brief description of cause:

Illegal communication by a debt collector

RECEIPT II AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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