UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

PENSACOLA DIVISION 

JAMES DODD, 

Plaintiff, CASE NO. 

v. 

WINDHAM PROFESSIONALS, 

 Defendant. 

_____________________________________/ 

PLAINTIFF’S VERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL

 COMES NOW the Plaintiff, JAMES DODD (“Plaintiff”), by and through his attorneys, 

KROHN & MOSS, LTD., and for Plaintiff’s Complaint against Defendant, WINDHAM 

PROFESSIONALS (“Defendant”), alleges and affirmatively states as follows:

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. 

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). 

5. Declaratory relief is available pursuant to 28 U.S.C. 2201 and 2202. 

VERIFIED COMPLAINT 1

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PARTIES

6. Plaintiff is a natural person who resides in Destin, Okaloosa County, Florida and 

is obligated or allegedly obligated to pay a debt and is a “consumer” as that term is defined by 

15 U.S.C. 1692a(3). 

7. Plaintiff is informed, believes, and thereon alleges, that Defendant is a company 

with a business office located in Salem, New Hampshire. 

8. Plaintiff is a consumer as that term is defined by 15 U.S.C. 1692a(3), and 

according to Defendant, Plaintiff allegedly owes a debt as that term is defined by 15 U.S.C. 

1692a(5). 

9. Plaintiff is informed, believes, and thereon alleges, that 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). 

10. Defendant is a debt collector as that term is defined by 15 U.S.C. 1692a(6) and 

sought to collect a consumer debt from Plaintiff. 

11. Defendant acted through its agents, employees, officers, members, directors, 

heirs, successors, assigns, principals, trustees, sureties, subrogees, representatives, and insurers. 

FACTUAL ALLEGATIONS

12. Defendant constantly and continuously places collection calls to Plaintiff seeking 

and demanding payment for an alleged debt. 

13. Defendant places collection calls to Plaintiff on a daily basis. 

VERIFIED COMPLAINT 2

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14. Defendant places collection calls to Plaintiff from: 877-682-4849. 

15. Defendant places collection calls to Plaintiff on his cellular phone: 850-461-1746.

16. Defendant accused Plaintiff of lying when he explained his current economic 

hardship. 

17. Defendant disclosed details of Plaintiff’s alleged debt to Plaintiff’s father. 

COUNT I

DEFENDANT VIOLATED THE FAIR DEBT COLLECTION PRACTICES ACT, 

(FDCPA), 15 U.S.C. § 1692 et seq.

 17. Defendant violated the FDCPA. Defendant’s violations include, but are not 

limited to the following: 

 a) Defendant violated §1692b(2) of the FDCPA by stating Plaintiff owes a debt to 

Plaintiff’s father. 

 b) Defendant violated §1692c(b) of the FDCPA by communicating with Plaintiff’s 

father in connection with the collection of Plaintiff’s debt. 

c) Defendant violated §1692d of the FDCPA by engaging in conduct of which the 

natural result is the abuse and harassment of the Plaintiff. 

d) 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.. 

e) Defendant violated §1692e(10) of the FDCPA by using deceptive means in an 

attempt to collect a debt by disclosing details of Plaintiff’s alleged debt to a third party. 

VERIFIED COMPLAINT 3

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WHEREFORE, Plaintiff respectfully prays that judgment be entered against the 

Defendant for the following: 

 18. Statutory damages of $1000.00, pursuant to the FDCPA, 15 U.S.C. 1692k. 

 19. Costs and reasonable attorney’s fees pursuant to the FDCPA, 15 U.S.C. 1692k. 

 20. Any other relief that this court deems to be just and proper. 

RESPECTFULLY SUBMITTED,

 By: _/s/ Nicholas J. Bontrager______ 

 Nicholas J. Bontrager 

 Krohn & Moss, Ltd 

10474 Santa Monica Blvd., Suite 401 

 Los Angeles, CA 90025 

 Phone: (323) 988-2400 x229 

 Fax: (866) 802-0021 

 nbontrager@consumerlawcenter.com 

 Attorney for Plaintiff 

 

DEMAND FOR JURY TRIAL

 PLEASE TAKE NOTICE that Plaintiff, JAMES DODD hereby demands trial by jury in 

this action. 

 

VERIFIED COMPLAINT 4

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