IN THE DISTRICT COURT IN AND FOR 

THE NORTHERN DISTRICT OF FLORIDA 

PENSACOLA DIVISION 

 CASE NO. 

BARBARA MONTANO, 

 Plaintiff, 

v. 

MIDLAND CREDIT MANAGEMENT, 

 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.; the Telephone Consumer Protection Act (“TCPA”), 47 

U.S.C. § 227; and the Florida Consumer Collection Practices Act, Fla. Stat. §559.72 (hereafter 

the FCCPA). 

JURISDICTION AND VENUE

2. This Court has jurisdiction under 15 U.S.C. § 1692k(d), 47 U.S.C. § 227(b)(3), 28 

U.S.C. § 1331, and 28 U.S.C. § 1367(a). 

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, BARBARA MONTANO (“Plaintiff”), is a natural person who at all 

relevant times resided in the State of Florida, County of Escambia, and City of Pensacola. 

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

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6. Defendant, MIDLAND CREDIT MANAGEMENT, INC., (“Defendant”) or 

(“MIDLAND”) 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), as well as the FCCPA. 

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

FCCPA. 

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 failed to disclose the caller’s individual identity in a telephone call to 

Plaintiff. On at least one occasion, a female collector employed by Defendant called Plaintiff 

and failed to provide her name, only stating that she was allegedly from Defendant’s “pre-legal 

department.” 

12. Defendant caused Plaintiff’s telephone to ring repeatedly or continuously with 

intent to harass, annoy or abuse Plaintiff. Defendant made multiple collection calls to Plaintiff, 

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sometimes as much as 3 or 4 times during the same calendar day, in its attempts to collect an 

alleged debt. 

13. Defendant communicated with Plaintiff at times or places which were known or 

should have been known to be inconvenient for Plaintiff, including calling Plaintiff prior to 8:00 

am local time. 

14. Defendant falsely representing or implying that nonpayment of Plaintiff’s debt 

would result in the seizure, garnishment, attachment, or sale of Plaintiff’s property or wages, 

where such action is not lawful or Defendant did not intend to take such action. 

15. Defendant threatened to take an action against Plaintiff that cannot be legally 

taken or that was not actually intended to be taken, including threatening to garnish Plaintiff’s 

wages/bank account despite the fact that no judgment had been entered against her. 

16. Defendant placed non-emergency calls to Plaintiff’s cellular telephone, without 

the prior express consent of Plaintiff, using an automatic telephone dialing system and/or 

artificial and/or prerecorded voice. 

17. 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

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

1 through 17. 

19. Defendant violated 15 U.S.C. § 1692d(6) by failing to disclose the caller’s 

individual identity in a telephone call to Plaintiff. 

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

a) Adjudging that Defendant violated 15 U.S.C. § 1692d(6); 

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

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

1 through 17. 

21. Defendant violated 15 U.S.C. § 1692d(5) by causing Plaintiff’s telephone to ring 

repeatedly or continuously with intent to harass, annoy or abuse Plaintiff. 

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

a) Adjudging that Defendant violated 15 U.S.C. § 1692d(5); 

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. 

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COUNT III

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

1 through 17. 

23. Defendant violated 15 U.S.C. § 1692c(a)(1) by communicating with Plaintiff at 

times or places which were known or should have been known to be inconvenient for Plaintiff, 

including calling Plaintiff prior to 8:00am local time. 

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

a) Adjudging that Defendant violated 15 U.S.C. § 1692c(a)(1); 

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 IV

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

1 through 17. 

25. Defendant violated 15 U.S.C. § 1692e(4) by falsely representing or implying that 

nonpayment of Plaintiff’s debt would result in the seizure, garnishment, attachment, or sale of 

Plaintiff’s property or wages, where such action was not lawful or Defendant did not intend to 

take such action. 

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

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a) Adjudging that Defendant violated 15 U.S.C. § 1692e(4); 

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 V

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

1 through 17. 

27. Defendant violated 15 U.S.C. § 1692e(5) by threatening to take an action against 

Plaintiff that cannot be legally taken or that was not actually intended to be taken, including 

threatening to garnish Plaintiff’s wages/bank account despite the fact that no judgment had been 

entered against her. 

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

a) Adjudging that Defendant violated 15 U.S.C. § 1692e(5); 

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; 

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

COUNT VI

28. Plaintiff repeats and re-alleges each and every allegation contained above. 

29. Defendant violated 47 U.S.C. § 227(b)(1)(A)(iii) by willfully and knowingly 

utilizing an automatic telephone dialing system to make and/or place a telephone call to 

Plaintiff’s cellular telephone number. 

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

a) Adjudging that Defendant violated 47 U.S.C. § 227(b)(1)(A)(iii); 

b) Awarding Plaintiff statutory damages, pursuant to 47 U.S.C. § 227(b)(3)(B), in 

the amount of $500.00 per violation; 

c) Awarding Plaintiff statutory damages, pursuant to 47 U.S.C. § 227(b)(3)(C), in 

the amount of $1,500.00 per violation; 

d) Awarding Plaintiff actual damages, pursuant to 47 U.S.C. § 227(b)(3)(B); 

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

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

allowed under the law. 

COUNT VII

VIOLATIONS OF THE SECTION 559.72(7) OF THE FCCPA

AGAINST MIDLAND

30. Plaintiff re-alleges and incorporates by reference as though fully set forth herein, 

paragraphs 1-17 of this complaint. 

31. Defendant violated §559.72(7) of the Florida Consumer Collection Practices Act 

by willfully communicating with Plaintiff with such frequency as could be expected to harass 

Plaitniff. 

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32. As a result of Defendant’s violations as aforesaid, Plaintiff suffered and continues 

to suffer personal humiliation, embarrassment, mental anguish and emotional distress. 

WHEREFORE, Plaintiff, BARBARA MONTANO, by and through her attorneys, 

respectfully prays for judgment as follows: 

 a. All actual compensatory damages suffered; 

 b. Emotional and/or mental anguish damages; 

 c. Statutory damages of $1,000.00; 

 d. Plaintiff’s attorneys’ fees and costs; 

 e. Any other relief deemed appropriate by this Honorable Court. 

COUNT VIII

VIOLATIONS OF THE SECTION 559.72(9) OF THE FCCPA

AGAINST MIDLAND

33. Plaintiff re-alleges and incorporates by reference as though fully set forth herein, 

paragraphs 1-17 of this complaint. 

34. Defendant violated §559.72(9) of the Florida Consumer Collection Practices Act 

by claiming, attempting, or threatening to enforce a debt with the knowledge that such debt is not 

legitimate or asserting the existence of some legal right with the knowledge that the right does 

not exist. 

35. As a result of Defendant’s violations as aforesaid, Plaintiff suffered and continues 

to suffer personal humiliation, embarrassment, mental anguish and emotional distress. 

WHEREFORE, Plaintiff, BARBARA MONTANO, by and through her attorneys, 

respectfully prays for judgment as follows: 

 a. All actual compensatory damages suffered; 

 b. Emotional and/or mental anguish damages; 

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 c. Statutory damages of $1,000.00; 

 d. Plaintiff’s attorneys’ fees and costs; 

 e. Any other relief deemed appropriate by this Honorable Court. 

COUNT IX

VIOLATIONS OF THE SECTION 559.72(17) OF THE FCCPA

AGAINST MIDLAND

36. Plaintiff re-alleges and incorporates by reference as though fully set forth herein, 

paragraphs 1-17 of this complaint. 

37. Defendant violated §559.72(17) of the Florida Consumer Collection Practices Act 

by communicating with the debtor between the hours of 9 p.m. and 8 a.m. in the Plaintiff’s time 

zone without the prior consent of the Plaintiff. 

38. As a result of Defendant’s violations as aforesaid, Plaintiff suffered and continues 

to suffer personal humiliation, embarrassment, mental anguish and emotional distress. 

WHEREFORE, Plaintiff, BARBARA MONTANO, by and through her attorneys, 

respectfully prays for judgment as follows: 

 a. All actual compensatory damages suffered; 

 b. Emotional and/or mental anguish damages; 

 c. Statutory damages of $1,000.00; 

 d. Plaintiff’s attorneys’ fees and costs; 

 e. Any other relief deemed appropriate by this Honorable Court. 

TRIAL BY JURY 

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

Respectfully submitted this ___ day of _____, 20__. 

 

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Respectfully submitted, 

BARBARA MONTANO 

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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