IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No.: 

NAZARIO MEDINA, 

 Plaintiff,

v.

PINNACLE FINANCIAL GROUP INCORPORATED, a Minnesota 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 Nazario Medina is a natural person.

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

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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 Pinnacle Financial Group Incorporated, is a Minnesota corporation 

operating from an address at 7825 Washington Avenue South, Suite 310, Edina, 

Minnesota, 55439. 

12. The Defendant’s registered agent in the state of Colorado is Irvin Allen 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 attempts to collect debts alleged to be 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.

FACTUAL ALLEGATIONS 

18. Sometime before 2010 the Plaintiff allegedly incurred a financial obligation that 

was primarily for personal, family or household purposes namely an amount due 

and owing on personal account owed to TMobile (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 TMobile. 

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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. 

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). 

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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 paying the Account is the only way to get the 

Account off of the credit bureau reports and that the Account will stay on the 

credit reports until it is paid. 

35. The 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 his dispute of the Account had to be in writing and 

that he had to have a reason to dispute the Account. 

37. The representations stated in paragraph 36 were false and were false 

representations in connection with the collection of a debt, the Account. 

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38. Upon information and belief the Defendant kept written documentation and / or 

computer record(s) that document telephone call(s) to the Plaintiff on the Account 

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

39. Upon information and belief the Defendant kept written documentation and / or 

computer record(s) that document telephone call(s) from the Plaintiff to the 

Defendant on the Account in the year prior to the filing of the instant action. 

40. Upon 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. 

41. Upon 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. 

42. Upon information and belief the Defendant has a copy or copies of the 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. 

43. Upon 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. 

44. Upon information and belief in the time between when it received this Complaint 

and Jury Demand and when a Answer to this Complaint and Jury Demand was 

filed on its behalf with the Court the Defendant made an inquiry and/or 

investigation as to whether it had any audio recording(s) of any telephone 

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conversation(s) between the Defendant and the Plaintiff and/or any voicemail 

message(s) left for the Plaintiff by the Defendant. 

45. Upon information and belief the Defendant sent copy(s) of any audio recording(s) 

that it had of telephone conversation(s) between the Defendant and the Plaintiff 

and/or any voicemail message(s) left for the Plaintiff by the Defendant to the 

attorney and/or the law firm who employs the attorney who is filing the Answer to 

this Complaint and Jury Demand on behalf of the Defendant. 

46. Upon information and belief the Defendant’s copies 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 substantiate the Plaintiff’s allegations in this action. 

47. The Defendant and its representative(s), employee(s) and / or agent(s)

statement(s) and action(s) constitute false or misleading representation(s) or 

mean(s) and violate FDCPA 1692e preface, e(2)(A), e(8) and e(10). 

48. The Defendant and its representative(s), employee(s) and / or agent(s) 

statement(s) and action(s) constitute unfair or unconscionable means to collect 

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

49. 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). 

50. As a consequence of the Defendant’s collection activities and 

 communication(s), the Plaintiff is entitled to damages pursuant to FDCPA 

1692k(a). 

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RESPONDEAT SUPERIOR 

51. The representative(s) and / or collector(s) at the Defendant were employee(s) of 

the Defendant at all times mentioned herein. 

52. The representative(s) and / or collector(s) at the Defendant were agent(s) of the 

Defendant at all times mentioned herein. 

53. The representative(s) and / or collector(s) at the Defendant were acting within the 

course of their employment at all times mentioned herein. 

54. The representative(s) and / or collector(s) at the Defendant were acting within the 

scope of their employment at all times mentioned herein. 

55. The representative(s) and / or collector(s) at the Defendant were under the direct 

supervision of the Defendant at all times mentioned herein. 

56. The representative(s) and / or collector(s) at the Defendant were under the direct 

control of the Defendant at all times mentioned herein. 

57. The actions of the representative(s) and / or collector(s) at the Defendant are 

imputed to their employer, the Defendant. 

58. As a direct and proximate result of the aforesaid actions, the Plaintiff is entitled to 

damages pursuant to FDCPA 1692k(a). 

COUNT I, FDCPA VIOLATION 

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

60. The act(s) and omission(s) of the Defendant and its representative(s), 

employee(s) and / or agent(s) violated the FDCPA, § 1692e preface, e(2)(A), 

e(8), e(10) and § 1692f preface. 

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61. Pursuant to FDCPA section 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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