1

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

TRINETTE G. KENT (State Bar No. 025180) 

3219 East Camelback Road, #588 

Phoenix, AZ 85018 

Telephone: (480) 247-9644 

Facsimile: (480) 717-4781 

E-mail: tkent@lemberglaw.com 

Of Counsel to 

Lemberg Law, LLC 

43 Danbury Road 

Wilton, CT 06897 

Telephone: (203) 653-2250 

Facsimile: (203) 653-3424 

Attorneys for Plaintiff, 

James Beechinor 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

James Becchinor, 

 Plaintiff, 

 vs. 

I.C. System, Inc., 

 Defendant. 

Case No.: 

COMPLAINT 

JURY TRIAL DEMANDED

Case 4:18-cv-00002-CKJ Document 1 Filed 01/02/18 Page 1 of 5
2 

1

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

 Plaintiff, James Beechinor (hereafter “Plaintiff”), by undersigned counsel, 

brings the following complaint against I.C. System, Inc (hereafter “Defendant”) and 

alleges as follows: 

JURISDICTION

1. This action arises out of Defendant’s violations of the Fair Debt 

Collection Practices Act, 15 U.S.C. § 1692, et seq. (“FDCPA”). 

2. Jurisdiction of this Court arises 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 and/or 

where Defendant transacts business in this district. 

PARTIES

4. Plaintiff is an adult individual residing in Tucson, Arizona, and is a 

“person” as defined by 47 U.S.C. § 153(39). 

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

6. Defendant is a business entity located in St. Paul, Minnesota, and is a 

“person” as the term is defined by 47 U.S.C. § 153(39). 

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

business the principle purpose of which is the collection of debts and/or regularly 

collects or attempts to collect debts owed or asserted to be owed to another, and is a 

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

Case 4:18-cv-00002-CKJ Document 1 Filed 01/02/18 Page 2 of 5
3 

1

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

ALLEGATIONS APPLICABLE TO ALL COUNTS

8. Plaintiff is a natural person allegedly obligated to pay a debt asserted to 

be owed to a creditor other than Defendant. 

9. Plaintiff’s alleged obligation arises from a transaction in which property, 

services or money was acquired on credit primarily for personal, family or household 

purposes, is a “debt” as defined by 15 U.S.C. § 1692a(5). 

10. At all times mentioned herein where Defendant communicated with any 

person via telephone, such communication was done via Defendant’s agent, 

representative or employee. 

11. In July of 2017, Plaintiff informed Defendant that he was moving to 

Arizona and provided Defendant with his Arizona address. 

12. Despite being so informed, on or about September 29, 2017, Defendant 

called Plaintiff at 6:45 A.M. 

13. Defendant’s actions caused Plaintiff to suffer a significant amount of 

frustration. 

COUNT I

VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT, 15 

U.S.C. § 1692, et seq.

14. Plaintiff incorporates by reference all of the above paragraphs of this 

complaint as though fully stated herein. 

Case 4:18-cv-00002-CKJ Document 1 Filed 01/02/18 Page 3 of 5
4 

1

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

15. The FDCPA was passed in order to protect consumers from the use of 

abusive, deceptive and unfair debt collection practices and in order to eliminate such 

practices. 

16. Defendant attempted to collect a debt from Plaintiff and engaged in 

“communications” as defined by 15 U.S.C. § 1692a(2). 

17. Defendant communicated with Plaintiff at a time or place known to be 

inconvenient to the Plaintiff, in violation of 15 U.S.C. § 1692c(a)(1). 

18. The foregoing acts and/or omissions of Defendant constitute violations of 

the FDCPA, including every one of the above-cited provisions. 

19. Plaintiff was harmed and is entitled to damages as a result of Defendant’s 

violations. 

PRAYER FOR RELIEF

 WHEREFORE, Plaintiff prays for judgment against Defendant for: 

A. Actual damages pursuant to 15 U.S.C. § 1692k(a)(1);

B. Statutory damages of $1,000.00 pursuant to 15 U.S.C. §1692k(a)(2)(A); 

C. Costs of litigation and reasonable attorneys’ fees pursuant to 15 U.S.C. 

§ 1692k(a)(3); 

D. Punitive damages; and 

E. Such other and further relief as may be just and proper. 

TRIAL BY JURY DEMANDED ON ALL COUNTS 

Case 4:18-cv-00002-CKJ Document 1 Filed 01/02/18 Page 4 of 5
5 

1

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

DATED: January 2, 2018 TRINETTE G. KENT 

By: /s/ Trinette G. Kent 

Trinette G. Kent, Esq.

Lemberg Law, LLC 

Attorney for Plaintiff, James Beechinor 

Case 4:18-cv-00002-CKJ Document 1 Filed 01/02/18 Page 5 of 5