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Russell S. Thompson IV (029098)

Joseph Panvini (028359)

Thompson Consumer Law Group, PLLC

5235 E. Southern Ave., D106-618

Mesa, AZ 85206 

602-388-8898

866-317-2674 facsimile

rthompson@consumerlawinfo.com

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Jacob Baca,

Plaintiff,

vs.

Asset Acceptance, LLC and Midland 

Credit Management, Inc.,

Defendants.

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Case No.

COMPLAINT AND TRIAL BY JURY 

DEMAND

 

NATURE OF ACTION

1. Plaintiff Jacob Baca (“Plaintiff”) brings this action against Defendants 

Asset Acceptance, LLC and Midland Credit Management, Inc. (“Defendants”) pursuant 

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

JURISDICTION AND VENUE

2. This Court has jurisdiction pursuant to 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, where 

Plaintiff resides in this district, and where Defendants transact business in this district.

Case 2:16-cv-00022-DKD Document 1 Filed 01/06/16 Page 1 of 7
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PARTIES

4. Plaintiff is a natural person who at all relevant times resided in the State of 

Arizona, County of Maricopa, and City of Peoria. 

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

6. Defendant Asset Acceptance, LLC (“Asset”) is an entity who at all relevant 

times was engaged, directly or indirectly, in the business of attempting to collect a “debt” 

from Plaintiff, as defined by 15 U.S.C. § 1692a(5).

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

8. Defendant Midland Credit Management, Inc. (“Midland”) is an entity who 

at all relevant times was engaged, directly or indirectly, in the business of attempting to 

collect a “debt” from Plaintiff, as defined by 15 U.S.C. § 1692a(5).

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

FACTUAL ALLEGATIONS

10. Plaintiff is a natural person obligated, or allegedly obligated, to pay a debt.

11. Plaintiff’s alleged obligation 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, namely – a personal credit account 

with Wells Fargo / The Roomstore (the “Debt”).

12. Defendants use 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 once owed or due, or asserted 

to be once owed or due, another.

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13. In or around March 2015, Plaintiff received notice that Midland, on behalf 

of itself and Asset, filed a writ of garnishment of earnings and summons on February 23, 

2015, in an attempt to collect the Debt.

14. However, the Debt had already been satisfied in full.

15. Specifically, Plaintiff, through counsel, reached a settlement agreement 

with Asset in or around February 2013.

16. As of May 2014, the settlement had been fully consummated and the Debt 

was paid.

17. Defendants therefore falsely represented the character, amount, and legal 

status of the Debt.

18. Defendants also attempted to collect an amount not permitted by law.

COUNT I

VIOLATION OF 15 U.S.C. § 1692e(2)(A)

19. Plaintiff repeats and re-alleges each and every factual allegation above.

20. Defendants violated 15 U.S.C. § 1692e(2)(A) by falsely representing the 

character, amount, or legal status of Plaintiff’s Debt.

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

a) Adjudging that Defendants violated 15 U.S.C. § 1692e(2)(A);

b) Awarding Plaintiff statutory damages, pursuant to 15 U.S.C. § 

1692k(a)(2)(A), in the amount of $1,000.00;

c) Awarding Plaintiff actual damages, pursuant to 15 U.S.C. § 1692k(a)(1);

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d) Awarding Plaintiff reasonable attorneys’ fees and costs incurred in this 

action pursuant to 15 U.S.C. § 1692k(a)(3); 

e) Awarding Plaintiff pre-judgment and post-judgment interest as permissible 

by law; and

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

proper.

COUNT II

VIOLATION OF 15 U.S.C. § 1692e(5)

21. Plaintiff repeats and re-alleges each and every factual allegation above.

22. Defendants violated 15 U.S.C. § 1692e(5) by taking or threatening to take 

an action they could not legally take or did not intend to take, in connection with the 

collection of Plaintiff’s Debt.

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

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

b) Awarding Plaintiff statutory damages, pursuant to 15 U.S.C. § 

1692k(a)(2)(A), in the amount of $1,000.00;

c) Awarding Plaintiff actual damages, pursuant to 15 U.S.C. § 1692k(a)(1);

d) Awarding Plaintiff reasonable attorneys’ fees and costs incurred in this 

action pursuant to 15 U.S.C. § 1692k(a)(3); 

e) Awarding Plaintiff pre-judgment and post-judgment interest as permissible 

by law; and

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

proper.

COUNT III

VIOLATION OF 15 U.S.C. § 1692e(10)

23. Plaintiff repeats and re-alleges each and every factual allegation above.

24. Defendants violated 15 U.S.C. § 1692e(10) by using false, deceptive, or 

misleading representations or means in connection with the collection of Plaintiff’s Debt.

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

a) Adjudging that Defendants violated 15 U.S.C. § 1692e(10);

b) Awarding Plaintiff statutory damages, pursuant to 15 U.S.C. § 

1692k(a)(2)(A), in the amount of $1,000.00;

c) Awarding Plaintiff actual damages, pursuant to 15 U.S.C. § 1692k(a)(1);

d) Awarding Plaintiff reasonable attorneys’ fees and costs incurred in this 

action pursuant to 15 U.S.C. § 1692k(a)(3); 

e) Awarding Plaintiff pre-judgment and post-judgment interest as permissible 

by law; and

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

proper.

COUNT IV

VIOLATION OF 15 U.S.C. § 1692f(1)

25. Plaintiff repeats and re-alleges each and every factual allegation above.

26. Defendants violated 15 U.S.C. § 1692f(1) by collecting or attempting to 

collect an amount from Plaintiff not expressly permitted by law.

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

a) Adjudging that Defendants violated 15 U.S.C. § 1692f(1);

b) Awarding Plaintiff statutory damages, pursuant to 15 U.S.C. § 

1692k(a)(2)(A), in the amount of $1,000.00;

c) Awarding Plaintiff actual damages, pursuant to 15 U.S.C. § 1692k(a)(1);

d) Awarding Plaintiff reasonable attorneys’ fees and costs incurred in this 

action pursuant to 15 U.S.C. § 1692k(a)(3); 

e) Awarding Plaintiff pre-judgment and post-judgment interest as permissible 

by law; and

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

proper.

TRIAL BY JURY

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

Dated: January 6, 2016

Respectfully submitted,

s/ Russell S. Thompson, IV

Russell S. Thompson, IV (029098)

Thompson Consumer Law Group, PLLC

5235 E. Southern Ave., D106-618

Mesa, AZ 85206 

602-388-8898

866-317-2674 facsimile

rthompson@consumerlawinfo.com

s/ Joseph Panvini

Joseph Panvini (028359)

Thompson Consumer Law Group, PLLC

5235 E. Southern Ave., D106-618

Mesa, AZ 85206 

Case 2:16-cv-00022-DKD Document 1 Filed 01/06/16 Page 6 of 7
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602-388-8875

866-317-2674 facsimile

jpanvini@consumerlawinfo.com

Attorneys for Plaintiff

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