Jennifer M. Kurtz 

The Law Offices of Jennifer M. Kurtz, LLC 

540 Old Bridge Turnpike 

South River, NJ 08882 

Tel: 732-390-5262 

Fax: 732-390-2162 

jennifer.kurtz@kurtz-law.com 

Attorneys for Plaintiff, 

Robert Ekness 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY 

 : 

Robert Ekness, : 

 Plaintiff, : Civil Case No.:

vs. : 

Portfolio Recovery Associates, LLC, : 

 Defendant. : 

 : 

 

VERIFIED COMPLAINT

Plaintiff, Robert Ekness (Plaintiff), through his attorneys, Krohn & Moss, LTD., alleges 

the following against Defendant, Portfolio Recovery Associates, LLC, (Defendant): 

INTRODUCTION 

1. Count I of Plaintiff’s Complaint is based on the Fair Debt Collection Practices Act, 15 

U.S.C. 1692 et seq. (FDCPA). 

PARTIES 

2. Plaintiff is a natural person residing at 45 Beebe Ave, Spotswood, Middlesex County, 

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New Jersey. 

3. Defendant is a collection agency with a principal place of business located at 120 

Corporate Boulevard, Suite 1, Norfolk, Virginia. 

4. Defendant is a debt collector as that term is defined by 15 U.S.C. 1692a(6), and sought 

to collect a consumer debt from Plaintiff. 

5. Defendant acted through its agents, employees, officers, members, directors, heirs, 

successors, assigns, principals, trustees, sureties, subrogees, representatives, and 

insurers. 

JURISDICTION AND VENUE 

6. Jurisdiction of this court arises pursuant to 15 U.S.C. 1692k(d), which states that such 

actions may be brought and heard before “any appropriate United States district court 

without regard to the amount in controversy.” 

7. Defendant conducts business in the state of New Jersey, and therefore, personal 

jurisdiction is established. 

8. Venue is proper pursuant to 28 U.S.C. 1391(b)(2). 

FACTUAL ALLEGATIONS 

9. Defendant constantly and continuously places collection calls to Plaintiff seeking and 

demanding payment of an alleged debt owed by Plaintiff’s friend. 

10. Defendant started placing collection calls to Plaintiff on November 29, 2010. 

11. Defendant calls Plaintiff at (732) 266-5392. 

12. Defendant calls Plaintiff from one (1) to four (4) times a day, almost everyday (See call 

log attached as Exhibit A). 

13. Defendant often places two (2) back to back calls to Plaintiff in one (1) minute. 

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14. On December 21, 2011, January 13, 2011, January 25, 2011, February 14, 2011, 

February 17, 2011 and February 24, 2011, Defendant called Plaintiff four (4) times in a 

single day. 

COUNT I 

DEFENDANT VIOLATED THE FAIR DEBT COLLECTION PRACTICES ACT 

15. Defendant violated the FDCPA based on the following: 

a. Defendant violated §1692d of the FDCPA by engaging in conduct the natural 

consequence of which is to harass, oppress, or abuse Plaintiff in connection with 

the collection of a debt. 

b. Defendant violated §1692d(5) of the FDCPA by causing Plaintiff’s telephone to 

ring repeatedly and continuously with the intent to annoy, abuse, and harass 

Plaintiff. 

Wherefore, Plaintiff, Robert Ekness, respectfully requests judgment be entered against 

Defendant, Portfolio Recovery Associates, LLC, for the following: 

16. Statutory damages of $1000.00 pursuant to the Fair Debt Collection Practices Act, 15 

U.S.C. 1692k, 

17. Costs and reasonable attorneys’ fees pursuant to the Fair Debt Collection Practices Act, 

15 U.S.C. 1692k 

18. Any other relief that this Honorable Court deems appropriate. 

DEMAND FOR JURY TRIAL 

 Please take notice that Plaintiff, Robert Ekness demands a jury trial in this cause of 

action. 

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CERTIFICATION PURSUANT TO LOCAL RULE 11.2 

Pursuant to Local Rule 11.2, I certify that this matter in controversy is not the subject of 

any other action pending in any court, arbitration, or administrative proceeding. 

DATED: April 8, 2011 The Law Offices of Jennifer M. Kurtz, LLC 

By:/s/_Jennifer M. Kurtz_____________

Jennifer M. Kurtz 

Attorney for Plaintiff, 

Robert Ekness

 

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EXHIBIT A

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