Jacqueline L. Fitzgerald
6537 Bob O Link Rd
Jacksonville, FL 32244
678-756-3905
weusha1@yahoo.com
Plaintiff in pro per
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE MIDDLE DISTRICT OF FLORIDA
JACQUELINE L. FITZGERALD,
Plaintiff,
vs.
MERCEDES-BENZ OF ORANGE PARK;
AND ICU RECOVERY,
Defendant
Case No.: Number
PLAINTIFF’S ORIGINAL COMPLAINT
NOW COMES Jacqueline L. Fitzgerald, Plaintiff, and files this Complaint against Mercedes-
Benz of Orange Park, Defendant, and for cause would show this Honorable Court as follows:
A. PARTIES
1. Plaintiff Jacqueline L. Fitzgerald is a law-abiding female adult of sound mind and a
resident of 6537 Bob O Link Rd., Jacksonville, FL 32244.
2. Defendant Mercedes-Benz of Orange Park (hereinafter referred to as Mercedes-Benz) is a
company in the business of selling and leasing Mercedes-Benz vehicles.
3. Defendant ICU Recovery is a company in the business of recovery and repossession of
vehicles.
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PLAINTIFF’S ORIGINAL COMPLAINT – 2
B. STATEMENT OF FACTS
4. Mercedes-Benz used Plaintiff’s credit card for the sale of Plaintiff’s vehicle and has been
unlawfully billing Plaintiff for payments and accepting payments from the credit sale.
Further, Mercedes-Benz supplied Plaintiff’s location information to ICU Recovery,
violating her privacy.
5. On 07/28/2022, Mercedes-Benz hired ICU to steal Plaintiff’s vehicle from her driveway.
6. Mercedes-Benz also sent Plaintiff’s private information to the following credit reporting
agencies: Equifax, Transunion, and Experian.
7. Mercedes-Benz created a fake account number: 5001429273001 to send Plaintiff bills for
payment. It then used Plaintiff’s credit card ending in “7179” to receive an advance
payment from unauthorized use of Plaintiff’s credit card.
8. Mercedes-Benz added additional fees for the illegal search and seizure of Plaintiff’s
vehicle by allowing a third party to gain access to the vehicle and disable the location
equipment.
9. Mercedes-Benz further attempted to extort $3,000 from Plaintiff for the vehicle to be
returned to her.
10. On 07/13/2022, Plaintiff sent Mercedes-Benz a default notice/fraudulent
assignment/aggravated identity theft letter.
11. On 08/05/2022, Plaintiff sent Mercedes-Benz an affidavit in the form of a Demand for
Return of Vehicle and Notice of Violations of FDCPA.
12. On 08/01/2022, Plaintiff sent Mercedes-Benz a Demand for Return of Vehicle and Notice
of Violations of FDCPA.
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PLAINTIFF’S ORIGINAL COMPLAINT – 3
13. On 09/13/2022, Plaintiff filed an identity thief report against Mercedes-Benz.
C. CAUSES OF ACTION
Violation of the Fair Debt Collection Practices Act (FDCPA)
14. Plaintiff incorporates ¶ 1-13 of this Complaint as though set out in full herein.
15. Mercedes-Benz violated the following provisions of the Fair Debt Collection Practices
Act:
16. 15 USC 1692c- Communication in connection with debt collection
(a) Communication with the consumer generally. Without the prior consent of the
consumer given directly to the debt collector or the express permission of a court of
competent jurisdiction, a debt collector may not communicate with a consumer in
connection with the collection of any debt.
(b) Communication with third parties. Except as provided in section 1692b of this title,
without the prior consent of the consumer given directly to the debt collector, or the
express permission of a court of competent jurisdiction, or as reasonably necessary to
effectuate a post judgment judicial remedy, a debt collector may not communicate, in
connection with the collection of any debt, with any person other than the consumer, his
attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the
attorney of the creditor, or the attorney of the debt collector.
(c.) Ceasing communication. If a consumer notifies a debt collector in writing that the
consumer refuses to pay a debt or that the consumer wishes the debt collector to cease
further communication with the consumer, the debt collector shall not communicate
further with the consumer with respect to such debt.
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PLAINTIFF’S ORIGINAL COMPLAINT – 4
17. Mercedes-Benz was in constant communication with Plaintiff and did not cease
communications.
18. 15 USC 1692d- Harassing or Abusive Practices. A debt collector may not engage in any
conduct the natural consequence of which is to harass, oppress, or abuse any person in
connection with the collection of a debt. The following conduct is a violation of this
section.
(1) The use or threat of use of violence or other criminal means to harm the physical
person, reputation, or property of any person.
(2) The use of obscene or profane language or language the natural consequence of which
is to abuse the hearer or reader.
19. Mercedes-Benz harmed Plaintiff’s reputation and trespassed against her property.
20. 15 USC 1692e- False or Misleading Representations
(A) the false representation of the character, amount, or legal status of any debt
(B) any services rendered or compensation which may be lawfully received by any debt
collector for the collection of a debt.
21. 15 USC 1692e- False or Misleading Representations- A debt collector may not: Falsely
represent the character, amount, or legal status of the debt, or of any services rendered, or
compensation he or she may receive for collecting the debt; Threaten to take any action
which is not legal or intended; Falsely represent or imply that the consumer committed a
crime or other conduct to disgrace the consumer; Communicate, or threaten to
communicate, false credit information or information which should be known to be false,
including not identifying disputed debt as such; or Use any false representation or
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PLAINTIFF’S ORIGINAL COMPLAINT – 5
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