IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No.: 

JESSE DOSHAY, 

 Plaintiff,

v.

ER SOLUTIONS, INC., a Washington corporation, 

 Defendant.

COMPLAINT AND JURY DEMAND

JURISDICTION

1. Jurisdiction of this Court arises under 28 U.S.C. § 1331 and 15 U.S.C. § 

1692k(d).

2. This action arises out of the Defendant’s violation of the Fair Debt Collection 

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

 VENUE

3. Venue is proper in this Judicial District.

4. The acts and transactions alleged herein occurred in this Judicial District.

5. The Plaintiff resides in this Judicial District. 

6. The Defendant transacts business in this Judicial District.

PARTIES

7. Plaintiff Jesse Doshay is a natural person.

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8. The Plaintiff resides in the City of Denver, County of Denver, State of 

Colorado. 

9. The Plaintiff is a “consumer” as that term is defined by 15 U.S.C. § 1692a(3). 

10. The Plaintiff is a “any person” as that term is used in 15 U.S.C. § 1692d 

preface.

11. Defendant ER Solutions, Inc. is a Washington corporation operating from an 

address at 800 SW 39th Street, Renton, Washington, 98055. 

12. The Defendant’s registered agent in the state of Colorado is Irvin A. 

Borenstein, Esq., 13111 E. Briarwood Avenue, Suite 340, Centennial, 

Colorado 80112. 

13. The Defendant is a “debt collector” as that term is defined by 15 U.S.C. § 

1692a(6). 

14. The Defendant is licensed as a collection agency by the state of Colorado.

15. The principal purpose of the Defendant is the collection of debts using the 

mails and telephone.

16. The Defendant regularly collects or attempts to collect, directly or indirectly, 

debts owed or due or asserted to be owed or due another. 

17. The Defendant regularly collects or attempts to collect, directly or indirectly, 

debts owed or due or asserted to be owed or due another that arose out of 

transactions in which the money, property or services which are the subject 

of the transactions are primarily for personal, family or household purposes.

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FACTUAL ALLEGATIONS 

18. Sometime before 2007 the Plaintiff allegedly incurred a financial obligation 

that was primarily for personal, family and household purposes namely an 

amount due and owing on a personal account owed to Comcast 

(hereinafter the “Account”). 

19. The Account constitutes a “debt” as that term is defined by 15 U.S.C. § 

1692a(5). 

20. The Account went into default with Comcast. 

21. After the Account went into default the Account was placed or otherwise 

transferred to the Defendant for collection. 

22. The Plaintiff disputes the Account. 

23. The Plaintiff requests that the Defendant cease all further communication 

on the Account. 

24. The Defendant’s collector(s) were employee(s) of the Defendant at all 

times mentioned herein. 

25. The Defendant acted at all times mentioned herein through its 

employee(s). 

26. In the year prior to the filing of the instant action the Defendant and / or 

representative(s), employee(s) and / or agent(s) of the Defendant made 

telephone call(s) to the Plaintiff. 

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27. In the year prior to the filing of the instant action the Plaintiff called the 

Defendant and / or representative(s), employee(s) and / or agent(s) of the 

Defendant in response to the telephone call(s). 

28. The Defendant’s purpose for these telephone call(s) was to attempt to 

collect the Account. 

29. The telephone call(s) each individually conveyed information regarding the 

Account directly or indirectly to the Plaintiff. 

30. The telephone call(s) each individually constituted a “communication” as 

defined by FDCPA § 1692a(2). 

31. The only reason that the Defendant and / or representative(s), 

employee(s) and / or agent(s) of the Defendant made telephone call(s) to 

the Plaintiff was to attempt to collect the Account. 

32. The only reason that the Defendant and / or representative(s), 

employee(s) and / or agent(s) of the Defendant had telephone 

conversation(s) with the Plaintiff was to attempt to collect the Account. 

33. The only reason that the Defendant and / or representative(s), 

employee(s) and / or agent(s) of the Defendant received telephone call(s) 

from the Plaintiff was to attempt to collect the Account. 

34. During the communication(s) the Defendant and / or representative(s), 

employee(s) and / or agent(s) of the Defendant attempting to collect the 

Account represented to the Plaintiff that he had to have a reason to 

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dispute the Account and that his dispute of the Account had to be in 

writing. 

35. The Defendant’s representations stated in paragraph 34 were false and 

were false representations in connection with the collection of a debt, the 

Account. 

36. During the communication(s) the Defendant and / or representative(s), 

employee(s) and / or agent(s) of the Defendant attempting to collect the 

Account represented to the Plaintiff that the Account would be on his 

credit bureau reports for 7 to 10 years from when it was put into 

collections and that the Account will stay on the credit bureau reports until 

it is paid. 

37. The Defendant’s representations stated in paragraph 36 were false and 

were false representations in connection with the collection of a debt, the 

Account. 

38. On information and belief the Defendant made audio recording(s) of 

some of its telephone call(s) / conversation(s) with the Plaintiff in 

the year prior to the filing of the instant action. 

39. On information and belief the Defendant has a copy or copies of 

some of the audio recording(s) of its telephone call(s) / 

conversation(s) with the Plaintiff in the year prior to the filing of the 

instant action. 

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40. On information and belief the Defendant made audio recording(s) of 

all of its telephone call(s) / conversation(s) with the Plaintiff in the 

year prior to the filing of the instant action. 

41. On information and belief the Defendant has a copy or copies of the 

audio recording(s) of all of its telephone call(s) / conversation(s) 

with the Plaintiff in the year prior to the filing of the instant action. 

42. On information and belief the Defendant’s copies of the audio 

recording(s) of its telephone call(s) with the Plaintiff in the year prior 

to the filing of the instant action substantiate the Plaintiff’s 

allegations in this action. 

43. The Defendant’s action(s) constitute false and misleading 

representation(s) and mean(s) and violate FDCPA 1692e preface, e(2)(A), 

e(8) and e(10). 

44. The Defendant’s action(s) constitute unfair or unconscionable means to 

collect or attempt to collect a debt and violate FDCPA 1692f preface. 

45. The FDCPA is a “strict liability statute,” and Plaintiff need only “show one 

violation of its provisions to be entitled to judgment in her favor.” Ellis v. 

Cohen & Slamowitz, LLP, 701 F.Supp. 2d 215, 219 (N.D.N.Y. 2010). 

46. As a consequence of the Defendant’s action(s), the Plaintiff has 

sustained damages pursuant to FDCPA § 1692k. 

COUNT I, FDCPA VIOLATION 

47. The previous paragraphs are incorporated into this Count as if set forth in 

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 full. 

48. The act(s) and omission(s) of the Defendant constitute a violation of the 

FDCPA § 1692e preface, e(2)(A), e(8), e(10) and § 1692f preface. 

49. Pursuant to FDCPA § 1692k the Plaintiff is entitled to damages, 

 reasonable attorney's fees and costs. 

JURY TRIAL DEMAND 

The Plaintiff is entitled to and hereby demands a trial by jury. U.S. Const. 

amend. 7., Fed. R. Civ. Pro. 38. 

PRAYER 

WHEREFORE, the Plaintiff prays that the Court grants the following: 

1. A finding that the Defendant violated the FDCPA and/or an admission from 

the Defendant that it violated the FDCPA. 

2. Damages pursuant to 15 U.S.C. § 1692k(a). 

3. Reasonable attorneys fees and costs pursuant to 15 U.S.C. § 1692k(a)(3). 

4. Such other and further relief as the Court deems just and proper. 

Respectfully submitted, 

_s/ David M. Larson ________ 

David M. Larson, Esq. 

405 S. Cascade Avenue, Suite 305 

Colorado Springs, CO 80903 

 (719) 473-0006 

 Attorney for the Plaintiff 

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