Complaint- Texas Federal Court

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS
MAURICE EYO JR,

                                 Plaintiff,

     Vs.
NATIONAL CREDIT SYSTEMS, INC.; JOEL LACKEY; LAW OFFICE OF BRETT M BORLAND, P.C; LAW OFFICE OF BRETT M BORLAND, P.C.; and BRETT M. BORLAND,

                               Defendants

    Civil Case No.: 

 

COMPLANT

Plaintiff, MAURICE EYO JR., pro se, for his complaint against Defendants NATIONAL CREDIT SYSTEMS, INC.; JOEL LACKEY; LAW OFFICE OF BRETT M BORLAND, P.C; LAW OFFICE OF BRETT M BORLAND, P.C.; and BRETT M. BORLAND, hereby alleges and states as follows:

I.

INTRODUCTION

  1. Plaintiff brings this action against Defendants’ refusal to delete an account from Plaintiff’s consumer reports. The Defendant collection company bought this alleged account from metro 5514 Apartments. Ever since as detailed in Plaintiff’s attached Affidavits, they have refused to delete the account since October 2018, thereby causing Plaintiff lots of emotional distress and financial difficulty in obtaining credit. Plaintiff has made reasonable attempts countless times to have them delete this account and zero out the balance all to no avail.

II.

THE PARTIES 

  1. Plaintiff is a resident of Houston, Texas. His address is 2301 Wheeler Street.

Houston, TX. 77004.

  1. Defendant, National Credit Systems, Inc. is a collection firm with its principle offices in Atlanta, Georgia. The address for said Defendant is 312125, Atlanta, GA. 31131.
  2. Defendant Joel Lackey is the President of Defendant National Credit Systems, Inc. His address is 312125, Atlanta, GA. 31131.
  3. Defendant Law Office of Brett M Borland, P.C., is a Law Firm of address 1999 Bryan St. Ste 900, Dallas, TX. 75201.
  4. Defendant Law Office of Brett M Borland, P.C., is Defendant No. 5’s branch at Atlanta, Georgia. Its address is 2440 Sandy Plains Road. Building one, Suite 200 Marietta, GA. 30066.
  5. Defendant Brett M. Borland, is the President or Director of the Law Offices of Brett M Borland, P.C. His address is [ENTER ADDRESS].

III.

JURISDICTION 

  1. This court has federal question jurisdiction pursuant to 28 U.S.C § 1331 since it involves the violations of federal law. 

IV.

VENUE

  1. Venue is proper in this district under 28 U.S.C. § 1391(a) and (c), as Plaintiff 

is subject to personal jurisdiction in this state. 

 

V.

FACTS COMMON TO ALL CLAIMS

  1. Plaintiff is a consumer and/or original creditor for the purposes of 15 U.S. Code § 1692c with regards to the first Defendant. 
  2. First, third, and fourth Defendants are Debt Collectors for the Purposes of 15 U.S. Code § 1692c. 
  3. Since 2018, Defendant National Credit Systems, Inc. has been attempting to collect money from a private Consumer Credit Transaction, which Defendant purchase illegally. The property and services Plaintiff received in the private Consumer Credit Transaction with ComCapp City Side, LLC. (Metro 5514) were primarily for personal, family, and household purposes thereby making Defendant National Credit Systems, Inc. debt collectors.  
  4. Defendants breached their obligations under 15 U.S. Code § 1692c by contacting Plaintiff at his place of work of address 12360 Richmond Avenue, Apt. 2039. Houston, TX. 77082, without Plaintiff’s prior consent. The said location was Plaintiff’s self-employment office.
  5. On or about March 25, 2019, Defendant Law Office of Brett M Borland, P.C sent a letter to Plaintiff whose contents created an impression that if Plaintiff did not pay the alleged debt, further legal action would be taken against the Plaintiff. 
  6. Defendant Law Office of Brett M Borland, P.C. claim that they were retained by ComCapp City Side, LLC. (Metro 5514).
  7. The said Defendant’s actions have caused Plaintiff financial stress, emotional trauma and embarrassment, because Plaintiff has on several occasions been denied credit account approvals. Also, the Defendant’s actions and/or inactions have caused Plaintiff insomnia, nightmares, irreparable mental health issues including but not limited to depression, anxiety, and panic attacks. Finally, Defendant’s actions and/or inactions have caused the demise of Plaintiff’s personal relationships. 

 

VI.

CLAIMS 

 

FIRST CLAIM FOR RELIEF

Violation of 15 U.S. Code § 1692b (5).

Against National Credit Systems, Inc; Law Office of Brett M Borland, P.C

  1. Plaintiff incorporates and realleges herein by this reference Paragraphs 1 through 16, inclusive, as though set forth in full herein.
     18. Defendants used language in the contents of their envelopes that indicate they are debt collectors in the debt collection business. For instance, the Law Firm used a logo, and language in the contents of the letter, from a known debt collector. 
  2. The said Defendant’s actions have caused Plaintiff financial stress, emotional trauma and embarrassment, because Plaintiff has on several occasions been denied credit account approvals. Also, the Defendant’s actions and/or inactions have caused Plaintiff insomnia, nightmares, irreparable mental health issues including but not limited to depression, anxiety, and panic attacks. Finally, Defendant’s actions and/or inactions have caused the demise of Plaintiff’s personal relationships. 

SECOND CLAIM FOR RELIEF

Violation of 15 U.S. Code § 1692c (a) (3).

Against National Credit Systems, Inc; Law Office of Brett M Borland, P.C

  1. Plaintiff incorporates and realleges herein by this reference Paragraphs 1 through 19, inclusive, as though set forth in full herein.
  2. The Defendants contacted Plaintiff at his place of work and/or dwelling, since Plaintiff is self-employed. The said communications were via email. 
  3. The said Defendants’ actions have caused Plaintiff financial stress, emotional trauma and embarrassment, because Plaintiff has on several occasions been denied credit account approvals. Also, the Defendants’ actions and/or inactions have caused Plaintiff insomnia, nightmares, irreparable mental health issues including but not limited to depression, anxiety, and panic attacks. Finally, Defendants’ actions and/or inactions have caused the demise of Plaintiff’s personal relationships.

THIRD CLAIM FOR RELIEF

Violation of Violation of 15 U.S. Code § 1692c (b).

Against National Credit Systems, Inc; Law Office of Brett M Borland, P.C

  1. Plaintiff incorporates and realleges herein by this reference Paragraphs 1 through 22, inclusive, as though set forth in full herein.
  2. Defendants never got Plaintiff’s prior consent to effect the said communications to persons and/or entities other than the Plaintiff, Plaintiff’s attorney, or a consumer reporting agency. 
  3. The said Defendants’ actions have caused Plaintiff financial stress, emotional trauma and embarrassment, because Plaintiff has on several occasions been denied credit account approvals. Also, the Defendants’ actions and/or inactions have caused Plaintiff insomnia, nightmares, irreparable mental health issues including but not limited to depression, anxiety, and panic attacks. Finally, Defendants’ actions and/or inactions have caused the demise of Plaintiff’s personal relationships.

FOURTH CLAIM FOR RELIEF

Violation of 15 U.S. Code § 1692d (2)

Against National Credit Systems, Inc; Law Office of Brett M Borland, P.C

  1. Plaintiff incorporates and realleges herein by this reference Paragraphs 1 through 25, inclusive, as though set forth in full herein.
  2. Defendants used profane and/or obscene language, which was abuse to Plaintiff. 
  3. The said Defendants’ actions have caused Plaintiff financial stress, emotional trauma and embarrassment, because Plaintiff has on several occasions been denied credit account approvals. Also, the Defendants’ actions and/or inactions have caused Plaintiff insomnia, nightmares, irreparable mental health issues including but not limited to depression, anxiety, and panic attacks. Finally, Defendants’ actions and/or inactions have caused the demise of Plaintiff’s personal relationships.

FIFTH CLAIM FOR RELIEF

Violation of 15 U.S. Code § 1692e (2) (A)

Against National Credit Systems, Inc; Law Office of Brett M Borland, P.C

  1. Plaintiff incorporates and realleges herein by this reference Paragraphs 1 through 28, inclusive, as though set forth in full herein.
  2. Defendants falsely represented the amount and character of Plaintiff’s debt. Notably, Defendants stated the amount as a positive balance, giving Plaintiff a false impression that Plaintiff was going to receive a payment in that amount.
  3. The said Defendants’ actions have caused Plaintiff financial stress, emotional trauma and embarrassment, because Plaintiff has on several occasions been denied credit account approvals. Also, the Defendants’ actions and/or inactions have caused Plaintiff insomnia, nightmares, irreparable mental health issues including but not limited to depression, anxiety, and panic attacks. Finally, Defendants’ actions and/or inactions have caused the demise of Plaintiff’s personal relationships.

SIXTH CLAIM FOR RELIEF

Violation of 15 U.S. Code § 1692e (10)

Against National Credit Systems, Inc; Law Office of Brett M Borland, P.C

  1. Plaintiff incorporates and realleges herein by this reference Paragraphs 1 through 31, inclusive, as though set forth in full herein.
  2. Defendants used deceptive means and/or false representation to collect and/or attempt to collect a debt. Notably, National Credit Systems, Inc stated it was offering a debt discount on a debt that was not owed. Also, Law Office of Brett M Borland, P.C. stated that it was authorized to collect a false debt, which Plaintiff does not owe, neither has the Law firm any authority to collect.
  3. The said Defendants’ actions have caused Plaintiff financial stress, emotional trauma and embarrassment, because Plaintiff has on several occasions been denied credit account approvals. Also, the Defendants’ actions and/or inactions have caused Plaintiff insomnia, nightmares, irreparable mental health issues including but not limited to depression, anxiety, and panic attacks. Finally, Defendants’ actions and/or inactions have caused the demise of Plaintiff’s personal relationships.

SEVENTH CLAIM FOR RELIEF

Violation of 15 U.S. Code § 1692j

Against National Credit Systems, Inc; Law Office of Brett M Borland, P.C

  1. Plaintiff incorporates and realleges herein by this reference Paragraphs 1 through 34, inclusive, as though set forth in full herein.
  2. Defendants furnished, compiled, and/or designed a form, which created a false belief any person other than Defendants were collecting or attempting to collect debt.
  3. The said Defendants’ actions have caused Plaintiff financial stress, emotional trauma and embarrassment, because Plaintiff has on several occasions been denied credit account approvals. Also, the Defendants’ actions and/or inactions have caused Plaintiff insomnia, nightmares, irreparable mental health issues including but not limited to depression, anxiety, and panic attacks. Finally, Defendants’ actions and/or inactions have caused the demise of Plaintiff’s personal relationships.

EIGHTH CLAIM FOR RELIEF

Violation of 15 U.S. Code § 1692b (2)

Against Law Office of Brett M Borland, P.C

  1. Plaintiff incorporates and realleges herein by this reference Paragraphs 1 through 37, inclusive, as though set forth in full herein.
  2. Defendant used language to show that Plaintiff owed a debt.
  3. The said Defendant’s actions have caused Plaintiff financial stress, emotional trauma and embarrassment, because Plaintiff has on several occasions been denied credit account approvals. Also, the Defendant’s actions and/or inactions have caused Plaintiff insomnia, nightmares, irreparable mental health issues including but not limited to depression, anxiety, and panic attacks. Finally, Defendant’s actions and/or inactions have caused the demise of Plaintiff’s personal relationships.

NINTH CLAIM FOR RELIEF

Violation of 15 U.S. Code § 1692e (8)

(Against First Defendant)

  1. Plaintiff incorporates and realleges herein by this reference Paragraphs 1 through 40, inclusive, as though set forth in full herein.
  2. Defendant communicated information, which is known to be false, or which Defendant should have known to be false. Notably, Defendant knowingly and blatantly kept communicating to Plaintiff information on a debt, which Plaintiff did not owe. 
  3. The said Defendant’s actions have caused Plaintiff financial stress, emotional trauma and embarrassment, because Plaintiff has on several occasions been denied credit account approvals. Also, the Defendant’s actions and/or inactions have caused Plaintiff insomnia, nightmares, irreparable mental health issues including but not limited to depression, anxiety, and panic attacks. Finally, Defendant’s actions and/or inactions have caused the demise of Plaintiff’s personal relationships.

TENTH CLAIM FOR RELIEF

Violation of 15 U.S. Code § 1692g (a)

Against National Credit Systems, Inc; Law Office of Brett M Borland, P.C

  1. Plaintiff incorporates and realleges herein by this reference Paragraphs 1 through 43, inclusive, as though set forth in full herein.
  2. National Credit Systems, Inc failed to provide the five federally outlined items, which Defendant should have provided when Plaintiff requested a validation of the debt under FDCPA. Besides, the Law Office of Brett M Borland, P.C failed to respond to Plaintiff’s validation letter sent on or about December 16, 2020 and was delivered on or about December 29, 2020.
  3. The said Defendant’s actions have caused Plaintiff financial stress, emotional trauma and embarrassment, because Plaintiff has on several occasions been denied credit account approvals. Also, the Defendant’s actions and/or inactions have caused Plaintiff insomnia, nightmares, irreparable mental health issues including but not limited to depression, anxiety, and panic attacks. Finally, Defendant’s actions and/or inactions have caused the demise of Plaintiff’s personal relationships.

ELEVENTH CLAIM FOR RELIEF

Violation of 15 U.S. Code § 1692a

Against National Credit Systems, Inc; Law Office of Brett M Borland, P.C

  1. Plaintiff incorporates and realleges herein by this reference Paragraphs 1 through 46, inclusive, as though set forth in full herein.
  2. National Credit Systems, Inc. violated Plaintiff’s right to Privacy when it provided a document containing Plaintiff’s sensitive non-public personal information and transactions, without Plaintiff’s consent. Notably, the Law Office of Brett M Borland, P.C. has details of Plaintiff’s consumer credit transaction with Metro 5514/ComCapp, yet Plaintiff has never entered any agreement with the Law Firm. 
  3. The said Defendants’ actions have caused Plaintiff financial stress, emotional trauma and embarrassment, because Plaintiff has on several occasions been denied credit account approvals. Also, the Defendants’ actions and/or inactions have caused Plaintiff insomnia, nightmares, irreparable mental health issues including but not limited to depression, anxiety, and panic attacks. Finally, Defendants’ actions and/or inactions have caused the demise of Plaintiff’s personal relationships.

TWELFTH CLAIM FOR RELIEF

Violation of 15 U.S. Code § 1692c (a) (1)

Against Law Office of Brett M Borland, P.C

  1. Plaintiff incorporates and realleges herein by this reference Paragraphs 1 through 49, inclusive, as though set forth in full herein.
  2. Defendant communicated to Plaintiff at a place and time that was inconvenient for Plaintiff. 
  3. The said Defendant’s actions have caused Plaintiff financial stress, emotional trauma and embarrassment, because Plaintiff has on several occasions been denied credit account approvals. Also, the Defendant’s actions and/or inactions have caused Plaintiff insomnia, nightmares, irreparable mental health issues including but not limited to depression, anxiety, and panic attacks. Finally, Defendant’s actions and/or inactions have caused the demise of Plaintiff’s personal relationships.

TWELFTH CLAIM FOR RELIEF

Violation of 15 U.S. Code § 1692e (3)

Against Law Office of Brett M Borland, P.C

  1. Plaintiff incorporates and realleges herein by this reference Paragraphs 1 through 52, inclusive, as though set forth in full herein.
  2. Defendant clearly stated that the communication sent to Plaintiff was from an Attorney. Besides, Defendant used the Firm’s Letter Head. 
  3. The said Defendant’s actions have caused Plaintiff financial stress, emotional trauma and embarrassment, because Plaintiff has on several occasions been denied credit account approvals. Also, the Defendant’s actions and/or inactions have caused Plaintiff insomnia, nightmares, irreparable mental health issues including but not limited to depression, anxiety, and panic attacks. Finally, Defendant’s actions and/or inactions have caused the demise of Plaintiff’s personal relationships.

THIRTEENTH CLAIM FOR RELIEF

Violation of 15 USC 1681a (d) (2) (B)

Against National Credit Systems, Inc

  1. Plaintiff incorporates and realleges herein by this reference Paragraphs 1 through 55, inclusive, as though set forth in full herein.
  2. Defendant violated(s) the aforesaid law by furnishing Plaintiff’s account approval to Plaintiff’s Equifax consumer report. The said law makes it illegal to furnish any approval or authorization of a specific extension of credit directly or indirectly by the issuer of a credit card or a similar device. Accordingly, Plaintiff’s Consumer Credit Transaction that originally arose with Metro 5514 from Plaintiff’s open-end credit card (SSN) must be excluded from Plaintiff’s consumer record.
  3. The said Defendant’s actions have caused Plaintiff financial stress, emotional trauma and embarrassment, because Plaintiff has on several occasions been denied credit account approvals. Also, the Defendant’s actions and/or inactions have caused Plaintiff insomnia, nightmares, irreparable mental health issues including but not limited to depression, anxiety, and panic attacks. Finally, Defendant’s actions and/or inactions have caused the demise of Plaintiff’s personal relationships.

 

FOURTEENTH CLAIM FOR RELIEF

Violation of 15 USC 1681a (d) (2) (A) (iii)

Against National Credit Systems, Inc

  1. Plaintiff incorporates and realleges herein by this reference Paragraphs 1 through 58, inclusive, as though set forth in full herein.
  2. Defendant never gave Plaintiff prior, clear, and conspicuous disclosure before communicating with Equifax and/or Experian. Accordingly, Plaintiff could not opt out of such communications.  
  3. The said Defendant’s actions have caused Plaintiff financial stress, emotional trauma and embarrassment, because Plaintiff has on several occasions been denied credit account approvals. Also, the Defendant’s actions and/or inactions have caused Plaintiff insomnia, nightmares, irreparable mental health issues including but not limited to depression, anxiety, and panic attacks. Finally, Defendant’s actions and/or inactions have caused the demise of Plaintiff’s personal relationships.

FIFTEENTH CLAIM FOR RELIEF

Violation of 15 USC 1681s-2- (a) (1) (B) (iii)

Against National Credit Systems, Inc

  1. Plaintiff incorporates and realleges herein by this reference Paragraphs 1 through 61, inclusive, as though set forth in full herein.
  2. Defendant furnished a Credit Consumer Transaction that was already paid., which included a finance charge as a collection account on Equifax and/or Experian. 
  3. The said Defendant’s actions have caused Plaintiff financial stress, emotional trauma and embarrassment, because Plaintiff has on several occasions been denied credit account approvals. Also, the Defendant’s actions and/or inactions have caused Plaintiff insomnia, nightmares, irreparable mental health issues including but not limited to depression, anxiety, and panic attacks. Finally, Defendant’s actions and/or inactions have caused the demise of Plaintiff’s personal relationships.

 

VII

PRAYER FOR RELIEF

WHEREFORE Plaintiff respectfully requests that the Court:

  1. Issue findings of fact and conclusions of law that Defendants committed the alleged violations.
  2. Issue an Order demanding Defendants zero out the balance on Plaintiff’s account.
  3. Issue an Order demanding a deletion of Plaintiff’s information from all Consumer Reports.
  4. Issue an Order demanding Defendants to never attempt to collect any alleged debt from Plaintiff.
  5. Issue a judgment ordering Defendants to compensate Plaintiff damages worth $1,500,000 plus any additional attorney fees. 
  6. Grant such additional or other relief as the Court deems just and proper.

DATED:

 

Respectfully submitted,                

 

CERTIFICATE OF SERVICE

 

I hereby certify that on [ENTER DATE], copies of the foregoing Complaint have been sent to all the Defendants in the following addresses:

    

   


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