IN THE DISTRICT COURT IN AND FOR 

THE NORTHERN DISTRICT OF FLORIDA 

PENSACOLA DIVISION 

 CASE NO. 

MORRIS EARNEST, 

 Plaintiff, 

v. 

NCO FINANCIAL SYSTEMS, INC., 

 Defendant. 

_____________________________________/ 

NATURE OF ACTION

1. This is an action brought under the Fair Debt Collection Practices Act 

(“FDCPA”), 15 U.S.C. § 1692 et seq. 

JURISDICTION AND VENUE

2. This Court has jurisdiction under 15 U.S.C. § 1692k(d) and 28 U.S.C. § 1331. 

3. Venue is proper before this Court pursuant to 28 U.S.C. §1391(b), where the acts 

and transactions giving rise to Plaintiff’s action occurred in this district, where Plaintiff resides in 

this district, and where Defendant transacts business in this district. 

PARTIES

4. Plaintiff, EARNEST MORRIS (“Plaintiff”), is a natural person who at all relevant 

times resided in the State of Florida, County of Jackson, and City of Graceville. 

5. Plaintiff is a “consumer” as defined by 15 U.S.C. § 1692a(3). 

6. Defendant, NCO FINANCIAL SYSTEMS, INC. (“Defendant”) or (“NCO”) is a 

corporation who at all relevant times was engaged, by use of the mails and telephone, in the 

business of attempting to collect a “debt” from Plaintiff, as defined by 15 U.S.C. §1692a(5). 

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7. Defendant is a “debt collector” as defined by 15 U.S.C. § 1692a(6). 

FACTUAL ALLEGATIONS

8. Plaintiff is a natural person obligated, or allegedly obligated, to pay a debt owed 

or due, or asserted to be owed or due a creditor other than Defendant. 

9. Plaintiff's obligation, or alleged obligation, owed or due, or asserted to be owed or 

due a creditor other than Defendant, arises from a transaction in which the money, property, 

insurance, or services that are the subject of the transaction were incurred primarily for personal, 

family, or household purposes. 

10. Defendant uses instrumentalities of interstate commerce or the mails in a business 

the principal purpose of which is the collection of any debts, and/or regularly collects or attempts 

to collect, directly or indirectly, debts owed or due, or asserted to be owed or due another. 

11. Defendant sent Plaintiff written communication dated October 6, 2010 in which it 

stated that Plaintiff owed an alleged debt of $4,123.19, when in fact, Plaintiff’s debt was only 

$2,627.23. (See October 6, 2010 correspondence, attached hereto as Exhibit “A”). [Plaintiff had 

been making payments to the original creditor (CitiBank), which were accepted pursuant to an 

agreement with a previous third party debt collector, and which Defendant failed to apply to the 

alleged debt.] 

12. Defendant’s actions constitute conduct highly offensive to a reasonable person, 

and as a result of Defendant’s behavior Plaintiff suffered and continues to suffer injury to 

Plaintiff’s feelings, personal humiliation, embarrassment, mental aguish and/or emotional 

distress. 

COUNT I

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13. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 

1 through 12. 

14. Defendant violated 15 U.S.C. § 1692e(2)(A) by falsely representing the character, 

amount, or legal status of Plaintiff’s debt. 

WHEREFORE, Plaintiff prays for relief and judgment, as follows: 

a) Adjudging that Defendant violated 15 U.S.C. § 1692e(2)(A); 

b) Awarding Plaintiff statutory damages, pursuant to 15 U.S.C. §1692k, in the 

amount of $1,000.00; 

c) Awarding Plaintiff actual damages, pursuant to 15 U.S.C. §1692k; 

d) Awarding Plaintiff reasonable attorneys’ fees and costs incurred in this action; 

e) Awarding Plaintiff any pre-judgment and post-judgment interest as may be 

allowed under the law; 

f) Awarding such other and further relief as the Court may deem just and proper. 

COUNT II

15. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 

1 through 12. 

16. Defendant violated 15 U.S.C. § 1692e(10) by using false representations and 

deceptive practices in connection with collection of an alleged debt from Plaintiff. 

WHEREFORE, Plaintiff prays for relief and judgment, as follows: 

a) Adjudging that Defendant violated 15 U.S.C. § 1692e(10); 

b) Awarding Plaintiff statutory damages, pursuant to 15 U.S.C. §1692k, in the 

amount of $1,000.00; 

c) Awarding Plaintiff actual damages, pursuant to 15 U.S.C. §1692k; 

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d) Awarding Plaintiff reasonable attorneys’ fees and costs incurred in this action; 

e) Awarding Plaintiff any pre-judgment and post-judgment interest as may be 

allowed under the law; 

f) Awarding such other and further relief as the Court may deem just and proper. 

TRIAL BY JURY 

17. Plaintiff is entitled to and hereby demands a trial by jury. 

Respectfully submitted this 11th day of January, 2011. 

 

Respectfully submitted, 

MORRIS EARNEST 

By: s/ Alex D. Weisberg 

 ALEX D. WEISBERG 

 FBN: 0566551 

 WEISBERG & MEYERS, LLC 

 ATTORNEYS FOR PLAINTIFF 

 5722 S. Flamingo Rd, Ste. 656 

 Cooper City, FL 33330 

 (954) 212-2184 

 (866) 577-0963 fax 

 aweisberg@attorneysforconsumers.com 

 

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