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UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

TRENTON DIVISION

Richard Clementi

 Plaintiff,

v.

Portfolio Recovery Associates, LLC

Defendant.

Case No.

COMPLAINT FOR DAMAGES

UNDER THE FAIR DEBT COLLECTION 

PRACTICES ACT AND OTHER 

EQUITABLE RELIEF

JURY DEMAND ENDORSED HEREIN

PARTIES

1. Plaintiff is a natural person who resided in Manchester, NJ at all times relevant to this action.

2. Defendant is a Delaware limited liability company that maintained its principal place of 

business in Norfolk, VA at all times relevant to this action.

JURISDICTION AND VENUE

3. Pursuant to 28 U.S.C. §1331, this Court has federal question jurisdiction over this matter as it 

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

4. Pursuant to 28 U.S.C. §1391(b), venue is proper because a substantial part of the events 

giving rise to this claim occurred in this judicial district.

STATEMENT OF FACTS

5. At all times relevant to this action, Defendant engaged in the business of consumer debt 

collection.

6. Defendant regularly uses the telephone and mail to collect consumer debts that Defendant 

either purchased or had been hired to collect.

7. The principal source of Defendant’s revenue is debt collection.

8. Defendant is a "debt collector” as defined by 15 U.S.C. §1692a(6).

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9. As described below, Defendant contacted Plaintiff about an obligation that Plaintiff allegedly 

owed to Capital One, which had been incurred for personal rather than commercial purposes.

10. This alleged obligation is a “debt” as defined by 15 U.S.C. §1692a(5).

11. As described below, Defendant attempted to collect the debt from Plaintiff, and in so doing, 

has alleged that Plaintiff owed the debt.

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

13. On or around September 8, 2010, Plaintiff retained an attorney to file bankruptcy.

14. On or around January 26, 2011, Plaintiff’s attorney faxed Defendant written notice of 

Plaintiff’s representation with respect to the debt.

15. Plaintiff’s attorney’s notice instructed Defendant to cease communications with Plaintiff with 

respect to the debt.

16. Despite this notice, Defendant telephoned Plaintiff in connection with the collection of the 

debt on or around February 3, February 8, February 9, February 13 and February 23, 2011.

17. Defendant caused Plaintiff emotional distress.

18. Defendant violated the FDCPA.

COUNT ONE

Violation of the Fair Debt Collection Practices Act

19. Defendant violated 15 U.S.C. §1692c(a)(2) by communicating with Plaintiff notwithstanding 

knowledge that Plaintiff was represented by an attorney with respect to the debt.

20. In support hereof, Plaintiff incorporates paragraphs 13-16 as if specifically stated herein.

COUNT TWO

Violation of the Fair Debt Collection Practices Act

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21. Defendant violated 15 U.S.C. §1692c(c) by communicating with Plaintiff with respect to the 

debt notwithstanding its receipt of written instructions to cease communications with 

Plaintiff.

22. In support hereof, Plaintiff incorporates paragraphs 13-16 as if specifically stated herein.

JURY DEMAND

23. Plaintiff demands a trial by jury.

PRAYER FOR RELIEF

24. Plaintiff prays for the following relief:

a. Judgment against Defendant for actual damages, statutory damages, and costs and 

reasonable attorney’s fees pursuant to 15 U.S.C. §1692k.

b. For such other legal and/or equitable relief as the Court deems appropriate.

RESPECTFULLY SUBMITTED,

Macey & Aleman, 

By: /s/ Alana M. Carrion

Alana M. Carrion

17 Academy Street, Suite 610

Newark, NJ 07102

Tel: 1.888.303.0431

axc@legalhelpers.com

Attorney for Plaintiff

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