VERIFIED COMPLAINT 1

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

GAINESVILLE DIVISION 

SHERMAN M. KLAUSNER, 

 Plaintiff, 

v. 

NCO FINANCIAL SYSTEMS, INC., 

 Defendant. 

_____________________________________/ 

PLAINTIFF’S COMPLAINT AND DEMAND FOR JURY TRIAL

SHERMAN M. KLAUSNER (Plaintiff), by his attorneys, KROHN & MOSS, LTD., 

alleges the following against NCO FINANCIAL SYSTEMS, INC., (Defendant): 

INTRODUCTION 

1. Count I of Plaintiff’s Complaint is based on the Fair Debt Collection Practices Act, 15 

U.S.C. 1692 et seq. (FDCPA). 

JURISDICTION AND VENUE 

2. Jurisdiction of this court arises pursuant to 15 U.S.C. 1692k(d), which states that such 

actions may be brought and heard before “any appropriate United States district court 

without regard to the amount in controversy,” and 28 U.S.C. 1367 grants this court 

supplemental jurisdiction over the state claims contained therein. 

3. Because Defendant conducts business in the state of Florida, personal jurisdiction is 

established. 

4. Venue is proper pursuant to 28 U.S.C. 1391(b)(2).

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VERIFIED COMPLAINT 2

PARTIES 

5. Plaintiff is a natural person who resides in Gainesville, Alachua County, Florida, and is 

allegedly obligated to pay a debt and is a “consumer” as that term is defined by 15 U.S.C. 

1692a(3). 

6. Pursuant to the definitions outlined in 15 U.S.C. 1692a(1-6),Defendant is a debt collector 

and sought to collect a consumer debt from Plaintiff which was allegedly due and owing 

from Plaintiff, and Plaintiff is a consumer debtor. 

7. Defendant is a national company with its headquarters in Horsham, Pennsylvania. 

8. Defendant uses instrumentalities of interstate commerce or the mails in any business the 

principal purpose of which is the collection of any debts, or who regularly collects or 

attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due 

another and is a "debt collector" as that term is defined by 15 U.S.C. § 1692a(6). 

9. Defendant is a collection agency that in the ordinary course of business, regularly, on behalf 

of itself or others, engages in debt collection. 

FACTUAL ALLEGATIONS

10. Upon information and belief, Defendant is collecting from Plaintiff on a debt allegedly 

owed. 

11. On or around April 2010, Defendant began placing collection calls to Plaintiff from 800-

786-9330 and other numbers. 

12. Defendant asked to speak with Plaintiff when it called. 

13. Defendant places collection calls to Plaintiff up to five days per week and places as many as 

two calls in one day. 

 

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VERIFIED COMPLAINT 3

COUNT I 

DEFENDANT VIOLATED THE FAIR DEBT COLLECTION PRACTICES ACT 

14. Defendant violated the FDCPA based on the following: 

a. Defendant violated §1692d by engaging in any conduct the natural consequence of 

which is to harass, oppress or abuse Plaintiff in connection with the collection of the 

alleged debt. 

b. Defendant violated §1692d(5) of the FDCPA by causing a telephone to ring 

repeatedly and continuously with the intent to annoy, abuse, and harass Plaintiff. 

WHEREFORE, Plaintiff, SHERMAN M. KLAUSNER, respectfully requests judgment 

be entered against Defendant, NCO FINANCIAL SYSTEMS, INC., for the following: 

15. Statutory damages of $1000.00 pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 

1692k, 

16. Costs and reasonable attorneys’ fees pursuant to the Fair Debt Collection Practices Act, 15 

U.S.C. 1692k 

17. Any other relief that this Honorable Court deems appropriate. 

 RESPECTFULLY SUBMITTED, 

 By: /s/ Nicholas J. Bontrager 

 [ ] Nicholas J. Bontrager 

 Attorney for Plaintiff 

 Krohn & Moss, Ltd. 

 10474 Santa Monica Blvd., Suite 401 

 Los Angeles, CA 90025 

 Phone: (323) 988-2400 x 229 

 Fax: (323) 802-0021 

 nbontrager@consumerlawcenter.com 

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VERIFIED COMPLAINT 4

DEMAND FOR JURY TRIAL

 PLEASE TAKE NOTICE that Plaintiff, SHERMAN M. KLAUSNER, hereby demands trial 

by jury in this action. 

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