Case 1:21-cv-22417-KMM Document 1 Entered on FLSD Docket 07/06/2021 Page 1 of 20
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
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`CASE NO.: 1:21cv22417
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`CARLOS GARCIA,
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`Plaintiff,
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`vs.
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`TRUEACCORD CORP. and
`PAYPAL, INC.
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`Defendants.
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`_________________________________/
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`
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`COMPLAINT
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`1.
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`Plaintiff alleges violation of the Fair Debt Collection Practices Act, 15 U.S.C.
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`§1692 et seq. (“FDCPA”) and the Florida Consumer Collection Practices Act, Fla. Stat. §559.55
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`et seq. ("FCCPA"). Plaintiff also alleges violation of the Telephone Consumer Protection Act, 47
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`U.S.C. § 227 et seq. ("TCPA") against the Defendant TrueAccord, Corp (hereinafter referred to as
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`“TrueAccord”). Plaintiff alleges that the Defendant TrueAccord incessantly and unlawfully called
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`the Plaintiff's cellular phone using an automatic telephone dialing system or auto-dialer and a pre-
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`recorded or artificial voice. Defendant TrueAccord made these calls in an attempt to collect an
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`alleged debt that is not owed by the Plaintiff. Defendant PayPal incessantly and unlawfully emailed
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`and texted the Plaintiff in an attempt to collect an alleged debt that is not owed by the Plaintiff.
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`Defendants’ actions were in violation of FDCPA and FCCPA.
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`1
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`Case 1:21-cv-22417-KMM Document 1 Entered on FLSD Docket 07/06/2021 Page 2 of 20
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`LEGAL STANDARD
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`2.
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`The characterization of the FDCPA as a strict liability statute is generally accepted.
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`See, e.g., LeBlanc v. Unifund CCR Partners, 601 F.3d 1185, 1190 (11th Cir. 2010). Pursuant to
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`Florida Statute §559.55(2), (“FCCPA”), “nothing in this part shall be continued to limit or restrict
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`the applicability of the Fair Debt Collection Practices Act to consumer collection practices in this
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`state. This part is in addition to the requirements and regulations of the federal act. In the event of
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`any inconsistency between any provision of this part and any provision of the federal act, the
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`provision which is more protective of the consumer shall prevail.”
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`JURISDICTION
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`3.
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`Jurisdiction of this Court arises under 28 U.S.C. § 1331, §1337, and §1367, and
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`pursuant to 15 U.S.C. § 1692 et seq. (“FDCPA”) and the Florida Consumer Collection Practices
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`Act, Fla. Stat. §559.55 et seq. ("FCCPA"). Under 28 U.S.C. 1367(a), this Court has supplemental
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`jurisdiction over Plaintiff's stated FCCPA claims in that it is so related to the federal TCPA and
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`FDCPA claims that they form part of the same case or controversy under Article III of the United
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`States Constitution. Additionally, federal courts have jurisdiction over suits arising under TCPA.
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`Mims v. Arrow Financial Services, LLC, 132 S. Ct. 740 (2012).
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`4.
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`This action arises out of Defendants’ violations of the FDCPA and FCCPA, in their
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`illegal effort to collect a consumer debt from Plaintiff. This action also arises out of Defendant
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`TrueAccord’s violations of TCPA, which prohibits any person "to make any call (other than for
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`emergency purposes or made with the prior express consent of the called party) using any
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`automatic telephone dialing system or any artificial or prerecorded voice --(iii) to any telephone
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`number assigned to a paging service, cellular telephone service, specialized mobile radio service,
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`Case 1:21-cv-22417-KMM Document 1 Entered on FLSD Docket 07/06/2021 Page 3 of 20
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`or other radio common carrier service, or any service for which the called party is charged for the
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`call." 47 U.S.C. §227(b)(1)(A).
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`5.
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`Venue is proper in this District because the acts and transactions complained of
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`occurred here, Plaintiff resides here, both Defendants transact and/or conduct business here, and
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`both Defendants illegally attempted to collect a debt from Plaintiff within this venue. In addition,
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`Defendant True Accord places calls into this District.
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`PARTIES
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`6.
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`Plaintiff, Carlos Garcia, is a natural person who resides in the City of Aventura,
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`County of Miami-Dade, State of Florida, and is a “consumer” as that term is defined by 15 U.S.C.
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`§ 1692a(3). Plaintiff is the cellular subscriber and has dominion over the cellular telephone that
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`Defendant TrueAccord was calling and to which PayPal was sending text messages.
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`7.
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`Defendant TRUEACCORD, CORP, (hereinafter “TrueAccord”) is a collection
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`agency operating from an address of 16011 College Boulevard, Suite 130, Lenexa, KS 66219, is a
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`“debt collector” as that term is defined by 15 U.S.C. § 1692a(6) and is incorporated under the laws
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`of the State of Delaware.
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`8.
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`Defendant TrueAccord regularly uses the email, U.S. postal mail, and telephone in
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`its business, the principal purpose of which is the collection of debts. Defendant TrueAccord
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`regularly collects or attempts to collect debts for other parties.
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`9.
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`Defendant TrueAccord is a debt collector that uses, among other things, an
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`automated telephone dialing system to engage in debt collection practices.
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`10.
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`TrueAccord is a “debt collector” as defined in the FDCPA and FCCPA, under 15
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`U.S.C. §1692a(6) and Florida Statute §559.55(6).
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`11.
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`Defendant TrueAccord was acting as a debt collector with respect to the collection
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`of Plaintiff’s alleged debt.
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`3
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`12.
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`At all relevant times, Plaintiff had an account in his name with Defendant PayPal,
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`Inc. (hereinafter referred to as “PayPal”). At all relevant times, Plaintiff’s PayPal account was
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`established to hold funds used primarily for his personal use.
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`13. At all relevant times, Plaintiff had a an “account” with PayPal as that term is defined
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`by 15 U.S.C. § 1693a(2). PayPal is an e-commerce business that facilitates money transfers
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`through the internet and acts as an intermediary by accepting funds on behalf of a buyer and
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`deposits said funds into the account of a seller.
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`14.
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`Defendant PayPal is a business entity that conducts/transacts business within the
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`State of Florida.
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`15.
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`Defendant PayPal has a principal address of 2211 North First Street, c/o Corporate
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`Legal Department, San Jose, California 95131, and is incorporated under the laws of the State of
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`Delaware.
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`16.
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`At all relevant times, Defendant PayPal acted through its duly authorized agents,
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`employees, officers, directors, members heirs assigns, successors, principals, trustees, sureties,
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`subrogees, representatives, and insurers.
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`17.
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`At all relevant times, Defendant PayPal was a “financial institution” as that terms
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`is defined by 15 U.S.C. § 1693a(7), as acted as a “creditor” as defined by Florida Statute §559.55
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`of FCCPA.
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`FACTUAL ALLEGATIONS
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`18.
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`Plaintiff incurred a financial obligation that was primarily for personal, family, or
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`household purposes and is therefore a “debt” as that term is defined by 15 U.S.C. § 1692a(5) and
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`Florida Statute §559.55(1).
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`4
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`19.
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`Sometime thereafter, PayPal consigned, placed or otherwise transferred the alleged
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`debt to Defendant TrueAccord for collection from this Plaintiff.
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`20.
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`On or about December 5, 2020, Plaintiff purchased shoes from Finish Line in the
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`amount of $77.04. Plaintiff authorized PayPal to make payment on his behalf for $77.04 and
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`entered into an agreement with same to pay the balance to PayPal in four payments of $19.26 each.
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`Plaintiff’s user agreement with PayPal consisted of a ‘Pay in 4’ plan allowing customers the ability
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`to pay back purchases to PayPal in four separate payments.
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`21. On or about December 6, 2020 and December 20, 2020, PayPal debited two
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`payments in the amount of $19.26 each. Plaintiff subsequently received notification from Finish
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`Line that the purchased shoes were out of stock. As such, the sales transaction was cancelled.
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`Consequently, on or about December 22, 2020, PayPal credited $38.52 to Plaintiff’s bank account,
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`representing the two prior debits of $19.26 each.
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`22.
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`Despite the cancellation of the order, Defendant PayPal incessantly attempted to
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`collect from the Plaintiff the remaining two payments of $19.26 each under the ‘Pay in 4’ plan,
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`plus late fees. Both Defendants PayPal and TrueAccord sought to collect from Plaintiff an alleged
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`debt arising from transactions incurred for personal, family or household purposes.
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`23.
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`From December 2020 through present day, Plaintiff has explained to Defendant
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`PayPal repeatedly that the transaction was cancelled because the merchandise was not available.
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`In each instance, PayPal has acknowledged in telephone conversations that Plaintiff does not owe
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`a debt. Even though Plaintiff does not owe a debt, Defendant PayPal transferred Plaintiff’s alleged
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`debt to Defendant TrueAccord for collection. Due to Defendants’ PayPal’s and TrueAccord’s poor
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`account resources and deficient billing practices, Plaintiff continues to be charged an invalid and
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`improper debt on an account that Plaintiff is not legally liable for.
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`5
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`24. Within 5 days of its initial communication with Plaintiff, Defendant TrueAccord
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`failed to send a verification letter to Plaintiff notifying her of her rights and privileges under the
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`law, specifically 15 U.S.C. 1692g.
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`25. Defendant TrueAccord did not provide debtor with written notice of assignment
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`from creditor, within 30 days after the assignment.
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` 26.
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`This lawsuit arises from telephone collection efforts of Defendant TrueAccord over
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`the last four years. Most courts have held that TCPA claims are governed by the four-year federal
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`statute of limitations. Benedia v. Super Fair Cellular, Inc., 2007 U.S. Dist. LEXIS 71911 (N.D.
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`Ill. 2007); Stern v. Bluestone, 850 N.Y.S. 2d 90, 2008 N.Y. Slip Op. 00611 (holding that the TCPA
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`has a four-year statute of limitations pursuant to 28 U.S.C. §1658).
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`27.
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`Defendant TrueAccord attempted to collect an alleged consumer debt from the
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`Plaintiff by unlawfully calling Plaintiff’s cellular telephone numerous times in violation of the
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`TCPA.
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`COMMUNICATIONS FROM DEFENDANT PAYPAL
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`28.
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`On January 22, 2021, Defendant PayPal sent an email from service@paypal.com
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`to Plaintiff, requesting that Plaintiff pay $27.26, consisting of an installment payment of $19.26
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`plus $8.00 late fee. See Exhibit A.
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`29.
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`On May 3, 2021, Defendant PayPal sent an email from service@paypal.com to
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`Plaintiff, requesting that he pay $27.26, consisting of an installment payment of $19.26 plus $8.00
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`late fee. See Exhibit B.
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`30.
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`On May 13, 2021, Defendant PayPal sent an email from service@paypal.com to
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`Plaintiff, requesting that he pay $27.26, consisting of an installment payment of $19.26 plus $8.00
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`late fee. See Exhibit C.
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`31.
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`On May 18, 2021, Defendant PayPal sent an email from service@paypal.com to
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`Plaintiff, requesting that he pay $27.26, consisting of an installment payment of $19.26 plus $8.00
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`late fee. See Exhibit D.
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`32.
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`On May 23, 2021, Defendant PayPal sent an email from service@paypal.com to
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`Plaintiff, requesting that he pay $27.26, consisting of an installment payment of $19.26 plus $8.00
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`late fee. See Exhibit E.
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`33.
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`On May 28, 2021, Defendant PayPal sent an email from service@paypal.com to
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`Plaintiff, requesting that he pay $27.26, consisting of an installment payment of $19.26 plus $8.00
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`late fee. See Exhibit F.
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`34.
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`On June 2, 2021, Defendant PayPal sent an email from service@paypal.com to
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`Plaintiff, requesting that he pay $27.26, consisting of an installment payment of $19.26 plus $8.00
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`late fee. See Exhibit G.
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`35.
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`Defendant PayPal sent at least seven (7) emails from January to June 2021 to
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`Plaintiff attempting to collect a debt. In addition, Defendant PayPal sent Plaintiff twelve (12) text
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`messages from March 2021 through May 2021, requesting payment of allegedly past due amount.
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`COLLECTION CALLS
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`36.
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`From May 2021 through June 2021, Defendant TrueAccord contacted Plaintiff by
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`telephone in an effort to collect this debt, which was a “communication” in an attempt to collect a
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`debt as that term is defined by 15 U.S.C. § 1692a(2) and Florida Statute § 559.55(5).
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`37. Defendant TrueAccord placed at least eight (8) calls to Plaintiff’s cellular telephone
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`using an automated telephone dialing system. Defendant True Accord left messages on Plaintiff’s
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`cellular voicemail system playing an artificial or pre-recorded voice. After delivery of the message,
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`the caller immediately disconnected.
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`38. During that time period, on other occasions, upon answering these calls, Plaintiff
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`was greeted with a machine-generated voice that began reading a script, consistent with an
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`automated telephone dialing system using an artificial or pre-recorded voice.
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`39. Plaintiff never consented to receive phone calls to his cellular phone from Defendant
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`TrueAccord or for the purpose of collecting an alleged debt.
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`40. The Defendant's method of contacting Plaintiff is indicative of its ability to dial
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`numbers without any human intervention in the calling process, which the FCC has opined is the
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`hallmark of an automatic telephone dialing system. See In the Matter of Rules & Regulations
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`Implementing the Telephone Consumer Protection Act of 2008, CG Docket No. 02-278, FCC 07-
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`232 (1/4/08); In the Matter of Rules & Regulations Implementing the Telephone Consumer
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`Protection Act of 1991, 2003 WL 21517583, 18 F.C.C.R. 14014 (July 3, 2003).
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` 41. All calls made by Defendant TrueAccord to Plaintiff's cellular telephone, were
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`initiated using an automatic telephone dialing system, which contained an artificial voice and/or
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`played a prerecorded message.
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`42.
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`None of the Defendant TrueAccord’s telephone calls placed to Plaintiff were for
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`“emergency purposes” as specified in 47 U.S.C. § 227(b)(1)(A).
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`43.
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`The Defendant either willfully or knowingly violated the TCPA.
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`44.
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`All the above-described collection communications made to Plaintiff by
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`SUMMARY
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`Defendants PayPal and TrueAccord, and its collection employees, were made in violation of
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`numerous and multiple provisions of the FDCPA and FCCPA, including but not limited to 15
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`U.S.C. § 1692d(5), 1692e(2), 1692e(10), 1692f(1), 1692g, and 1692e(11), and Florida Statute
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`§559.715, amongst others.
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`8
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`45.
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`During its collection communications, Defendants PayPal and TrueAccord and
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`their individual debt collectors employed by Defendants failed to provide Plaintiff with the notice
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`required by 15 U.S.C. § 1692e(10), and 1692g, and Florida Statute §559.715 and §559.72, amongst
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`others.
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`46.
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`Defendant TrueAccord’s conduct, as detailed above, of harassing Plaintiff in an
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`effort to collect this debt, constitutes violations of numerous and multiple provisions of the
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`FDCPA, FCCPA, and TCPA, as stated herein.
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`TRIAL BY JURY
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`47.
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`Plaintiff is entitled to and hereby respectfully demands a trial by jury on all issues
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`so triable. U.S. Const. amend. 7. Fed.R.Civ.P.38.
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`CAUSES OF ACTION
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`COUNT 1
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`AS TO DEFENDANT TRUEACCORD
`VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT
`VIOLATION OF FDCPA-15 U.S.C. § 1692 et seq.
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`Plaintiff incorporates by reference paragraphs 1 through 47 of this Complaint as
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`48.
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`though fully stated herein.
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`49.
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`The foregoing acts and omissions of the Defendant TrueAccord and its agents
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`constitute numerous and multiple violations of the FDCPA including, but not limited to, each and
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`every one of the above-cited provisions of the FDCPA, 15 U.S.C. § 1692 et seq.
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`50.
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`As a result of the Defendant TrueAccord’s violations of the FDCPA, Plaintiff is
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`entitled to statutory damages in an amount up to $1,000.00 pursuant to 15 U.S.C. § 1692k(a)(2)(A);
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`Case 1:21-cv-22417-KMM Document 1 Entered on FLSD Docket 07/06/2021 Page 10 of 20
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`and, reasonable attorneys’ fees and costs pursuant to 15 U.S.C. § 1692k(a)(3), from the Defendant
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`herein.
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`WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in favor of
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`Plaintiff and against Defendant TrueAccord for:
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`a) Damages;
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`b) Attorney fees and costs;
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`c) An injunction prohibiting Defendant TrueAccord from engaging in further collection
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`activities that are in violation of FDCPA; and
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` d) Such further relief as this Court deems just and proper.
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`COUNT 2
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`AS TO DEFENDANT TRUEACCORD
`FAILURE TO DISCLOSE STATUS AS A DEBT COLLECTOR
`VIOLATION OF FDCPA-15 U.S.C. § 1692e
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`Plaintiff incorporates by reference paragraphs 1 through 47 of this Complaint as
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`51.
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`though fully stated herein.
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`52.
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`Defendant TrueAccord failed to disclose in initial communication with the Plaintiff
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`that it is a debt collector attempting to collect a debtr and that any information obtained will be
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`used for that purpose, in violation of 15 U.S.C. 1692e(11).
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`WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in favor of
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`Plaintiff and against Defendant TrueAccord for:
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`a) Damages;
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`b) Attorney fees and costs;
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`c) An injunction prohibiting Defendant TrueAccord from engaging in further collection
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`activities that are in violation of FDCPA; and
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` d) Such further relief as this Court deems just and proper.
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`10
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`COUNT 3
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`AS TO DEFENDANT TRUEACCORD
`FALSELY REPRESENTING AMOUNT OF DEBT
`VIOLATION OF FDCPA-15 U.S.C. § 1692e(2)
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`Plaintiff incorporates by reference paragraphs 1 through 47 of this Complaint as
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`53.
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`though fully stated herein.
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`54.
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`Defendant TrueAccord falsely represented the amount of the debt that was
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`allegedly owed to the Defendant, in violation of 15 U.S.C. 1692e(2), since Plaintiff does not owe
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`a debt.
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`WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in favor of
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`Plaintiff and against Defendant TrueAccord for:
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`a) Damages;
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`b) Attorney fees and costs;
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`c) An injunction prohibiting Defendant TrueAccord from engaging in further collection
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`activities that are in violation of FDCPA; and
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` d) Such further relief as this Court deems just and proper.
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`COUNT 4
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`AS TO DEFENDANT TRUEACCORD
`FALSE REPRESENTATION IN ATTEMPT TO COLLECT
`VIOLATION OF FDCPA-15 U.S.C. § 1692e(10)
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`Plaintiff incorporates by reference paragraphs 1 through 47 of this Complaint as
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`55.
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`though fully stated herein.
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`56.
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`Defendant TrueAccord engaged in false representation in an attempt to collect a
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`debt that it knew or had reason to know Plaintiff did not owe, in violation of 15 U.S.C. 1692e(10).
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`11
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`
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`WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in favor of
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`Plaintiff and against Defendant TrueAccord for:
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`a) Damages;
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`b) Attorney fees and costs;
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`c) An injunction prohibiting Defendant TrueAccord from engaging in further collection
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`activities that are in violation of FDCPA; and
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` d) Such further relief as this Court deems just and proper.
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`COUNT 5
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`AS TO DEFENDANT TRUEACCORD
`INTENT TO ANNOY, HARASS, OPPRESS, OR HARASS
`VIOLATION OF FDCPA-15 U.S.C. § 1692d(5)
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`Plaintiff incorporates by reference paragraphs 1 through 47 of this Complaint as
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`57.
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`though fully stated herein.
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`58.
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`Defendant TrueAccord contacted Plaintiff’s phone to ring repeatedly or
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`continuously with intent to annoy, oppress, or harass, in violation of 15 U.S.C. 1692d(5).
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`
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`WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in favor of
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`Plaintiff and against Defendant TrueAccord for:
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`a) Damages;
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`b) Attorney fees and costs;
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`c) An injunction prohibiting Defendant TrueAccord from engaging in further collection
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`activities that are in violation of FDCPA; and
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` d) Such further relief as this Court deems just and proper.
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`12
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`COUNT 6
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`AS TO DEFENDANT TRUEACCORD
`NOT EXPRESSLY AUTHORIZED
`VIOLATION OF FDCPA-15 U.S.C. § 1692g
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`59.
`Plaintiff incorporates by reference paragraphs 1 through 47 of this Complaint as
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`though fully stated herein.
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`60.
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`The alleged debt that Defendant TrueAccord attempted to collect from Plaintiff was
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`not expressly authorized by the agreement creating the alleged debt nor was it permitted by law,
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`pursuant to 15 U.S.C. § 1692f(1).
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`
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`WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in favor of
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`Plaintiff and against Defendant TrueAccord for:
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`a) Damages;
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`b) Attorney fees and costs;
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`c) An injunction prohibiting Defendant TrueAccord from engaging in further collection
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`activities that are in violation of FDCPA; and
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` d) Such further relief as this Court deems just and proper.
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`
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`COUNT 7
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`AS TO DEFENDANT TRUEACCORD
`FAILURE TO SEND VERIFICATION LETTER
`VIOLATION OF FDCPA-15 U.S.C. § 1692g
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`61.
`Plaintiff incorporates by reference paragraphs 1 through 47 of this Complaint as
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`though fully stated herein.
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`62.
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`Defendant violated § 1692g of the FDCPA by failing to send written notification,
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`within five (5) days after its initial communication with Plaintiff, advising Plaintiff of her rights to
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`dispute the debt or request verification of the debt.
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`13
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`63.
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`Defendant acted in an otherwise deceptive, unfair and unconscionable manner and
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`failed to comply with the FDCPA.
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`
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`WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in favor of
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`Plaintiff and against Defendant TrueAccord for:
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`a) Damages;
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`b) Attorney fees and costs;
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`c) An injunction prohibiting Defendant TrueAccord from engaging in further collection
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`activities that are in violation of FDCPA; and
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` d) Such further relief as this Court deems just and proper.
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`
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`COUNT 8
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`AS TO DEFENDANT TRUEACCORD AND DEFENDANT PAYPAL
`VIOLATION OF THE FLORIDA CONSUMER COLLECTION PRACTICES ACT
`FLORIDA STATUTE §559.55 et seq. ("FCCPA")
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`
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`64.
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`Plaintiff incorporates by reference all of the above paragraphs 1 through 47 of this
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`Complaint as though fully stated herein.
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`65.
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`The foregoing acts and omissions of the Defendants TrueAccord and PayPal and
`
`its agents constitute violation of the FCCPA including Florida Statute § 559.715.
`
`
`
`66.
`
`As a result of the Defendants’ violations of the FCCPA, Plaintiff is entitled to
`
`statutory damages in an amount up to $1,000.00 pursuant to Florida Statute § 559.77(2), and
`
`reasonable attorney's fees and costs pursuant to § 559.77(2), from the Defendant herein.
`
`
`
`WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in favor of
`
`Plaintiff and against Defendant TrueAccord and PayPal for:
`
`a) Damages;
`
`
`
`14
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`Case 1:21-cv-22417-KMM Document 1 Entered on FLSD Docket 07/06/2021 Page 15 of 20
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`b) Attorney fees and costs;
`
`c) An injunction prohibiting Defendants TrueAccord and PayPal from engaging in further
`
`collection activities that are in violation of FCCPA; and
`
` d) Such further relief as this Court deems just and proper.
`
`
`
`
`
`COUNT 9
`
`AS TO DEFENDANT TRUEACCORD AND DEFENDANT PAYPAL
`VIOLATION OF 559.72(7) OF THE FLORIDA
`CONSUMER COLLECTION PRACTICES ACT
`
`Plaintiff incorporates by reference all of the above paragraphs 1 through 47 of this
`
`67.
`
`Complaint as though fully stated herein.
`
`
`
`68.
`
`In an effort to collect the debt, Defendants TrueAccord and PayPal willfully
`
`communicated with the Plaintiff with such frequency as can be reasonably expected to harass the
`
`Debtor, in violation of FCCPA, Florida Statute § 559.72(7).
`
`
`
`WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in favor of
`
`Plaintiff and against Defendant TrueAccord and PayPal for:
`
`a) Damages;
`
`b) Attorney fees and costs;
`
`c) An injunction prohibiting Defendants PayPal and TrueAccord from engaging in further
`
`collection activities that are in violation of FCCPA; and
`
` d) Such further relief as this Court deems just and proper.
`
`
`
`
`
`
`
`
`
`
`
`15
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`

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`Case 1:21-cv-22417-KMM Document 1 Entered on FLSD Docket 07/06/2021 Page 16 of 20
`
`COUNT 10
`
`AS TO DEFENDANT TRUEACCORD AND DEFENDANT PAYPAL
`VIOLATION OF 559.72(9) OF THE FLORIDA
`CONSUMER COLLECTION PRACTICES ACT
`
`Plaintiff incorporates by reference all of the above paragraphs 1 through 47 of this
`
`
`
`69.
`
`Complaint as though fully stated herein.
`
`
`
`70.
`
`Pursuant to § 559.72(9) of the FCCPA, while collecting debts, no person shall
`
`“claim, attempt, or threaten to enforce a debt when such person knows that the debt is not
`
`legitimate, or assert the existence of some other legal right when such person knows that the right
`
`does not exist.”
`
`
`
`71.
`
`In the instant case, the Defendants TrueAccord and PayPal attempted to enforce a
`
`debt with full knowledge that the debt did not exist, much less belong to the Plaitniff. Despite
`
`knowing that they did not have any entitlement or authority to collect the consumer debt,
`
`Defendants TrueAccord and PayPal proceeded to communicate with the Plaintiff in an attempt to
`
`collect this alleged debt via email, texts, and voicemail messages. In an effort to collect the debt,
`
`Defendants TrueAccord and PayPal willfully communicated with the Plaintiff with such frequency
`
`as can be reasonably expected to harass the Debtor, in violation of FCCPA, Florida Statute §
`
`559.72(7).
`
`
`
`WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in favor of
`
`Plaintiff and against Defendant TrueAccord for:
`
`a) Damages;
`
`b) Attorney fees and costs;
`
`c) An injunction prohibiting Defendants TrueAccord and PayPal from engaging in further
`
`collection activities that are in violation of FCCPA; and
`
` d) Such further relief as this Court deems just and proper.
`
`
`
`16
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`

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`Case 1:21-cv-22417-KMM Document 1 Entered on FLSD Docket 07/06/2021 Page 17 of 20
`
`COUNT 11
`
`AS TO DEFENDANT TRUEACCORD
`VIOLATION OF §559.715 OF THE FLORIDA
`CONSUMER COLLECTION PRACTICES ACT
`
`72.
`
`Plaintiff incorporates by reference paragraphs 1 through 47 of this Complaint as
`
`
`
`
`though fully stated herein.
`
`
`
`73.
`
`The Defendant TrueAccord did not provide written notice of the assignment of the
`
`right to bill and collect the debt, within 30 days after the assignment.
`
`
`
`74.
`
`Florida Statute § 559.715 does not prohibit the assignment, by a creditor, of the
`
`right to bill and collect a consumer debt. However, the assignee must give the debtor written notice
`
`of such assignment within 30 days after the assignment. The Defendant TrueAccord did not
`
`provide Plaintiff with said notice.
`
`
`
`WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in favor of
`
`Plaintiff and against Defendant TrueAccord for:
`
`a) Damages;
`
`b) Attorney fees and costs;
`
`c) An injunction prohibiting Defendant TrueAccord from engaging in further collection
`
`activities that are in violation of FCCPA; and
`
` d) Such further relief as this Court deems just and proper.
`
`
`
`COUNT 12
`
`AS TO DEFENDANT TRUEACCORD
`VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT
`47 U.S.C. § 227 et seq.
`
`
`
`75.
`
`Plaintiff incorporates by reference all of the above paragraphs 1 through 47 of this
`
`Complaint as though fully stated herein.
`
`
`
`17
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`Case 1:21-cv-22417-KMM Document 1 Entered on FLSD Docket 07/06/2021 Page 18 of 20
`
`
`
`76.
`
`Defendant violated 47 U.S.C. § 227(b)(1)(A)(iii) of the Telephone Consumer
`
`Protection Act by making telephone calls to Plaintiff's cellular telephone, which were initiated by
`
`an automatic telephone dialing or made using an artificial or prerecorded voice, and not legally
`
`permissible under any provision of the aforementioned statute.
`
`
`
`77.
`
`Plaintiff did not provide express consent to Defendant TrueAccord