PLAINTIFFS ORIGINAL COMPLAINT

Jalen Broussard

11817 Garden Terrace Dr

Dallas, TX 75243

(504) 270-2699 

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Plaintiff in pro per

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

JALEN BROUSSARD,Plaintiff,vs.CONSUMER PORTFOLIO SEVICES INC.,Defendant Case No.: Numberplaintiff’s original complaint

NOW COMES Jalen Broussard, Plaintiff, and files this Complaint against Consumer Portfolio Services, Defendant, and for cause would show this Honorable Court as follows:

  1. NATURE OF THE ACTION
  1. This is an action brought by Plaintiff against Defendant, for the violation of provisions of the Truth in Lending Act, the Fair Debt Collection Practices Act and the Fair Credit Reporting Act.
  2. Plaintiff avers that Defendant engaged in unethical debt practices during the transaction that involved purchase of Plaintiff’s motor vehicle. For this cause of action and others discussed herein, Plaintiff seeks compensation.
  3. This is not the first time Defendant has been involved in breaching the law in regard to consumer transactions. In 2014, Defendant was ordered to pay compensation to consumers in the sum of $5,500,000 for harassing them. In breaching laws in regard to consumer transactions, Defendant has harassed Plaintiff in multiple ways as will be shown in this Complaint.
  1. PARTIES
  1. Jalen Broussard is a male adult of sound mind and a resident of 11817 Garden Terrace Dr., Dallas, TX 75243.
  2. Consumer Portfolio Services Inc. is a company that provides financing for motor vehicles. According to Plaintiff’s knowledge, its address is 19500 Jamboree Road, Suite 500, Irvine, CA 92612.
  1. JURISDICTION AND VENUE
  1. Jurisdiction exists in this Court pursuant to 28 U.S. Code § 1332(a).
  2. Venue is proper in this Court because one of the parties, Plaintiff, is a resident of Dallas, which is located within the Northern District of Texas.
  1. STATEMENT OF FACTS AND LEGAL ARGUMENT
  1. Plaintiff entered into a Motor Vehicle Retail Installment Sales Contract for the purchase of his motor vehicle, a 2013 Mercedes Benz C-Class. Exhibit 1. The seller of the motor vehicle, Car Stop Inc., assigned its interest to Defendant.
  2. Defendant unlawfully repossessed Plaintiff’s vehicle when he disputed the debt after realizing that the contract he had signed was fraudulent.
  3. Since 2018, Defendant has violated various provisions of the law as shown in the subsequent paragraphs of this Complaint.
  4. 15 U.S. Code § 1605(a) provides as follows: “Except as otherwise provided in this on, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable indirectly or indirectly by the person to whom credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents (including settlement agents, attorneys and escrow and title companies) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges.” In the disclosure provided by Defendant, there’s a finance charge, amount financed, total of payments, down payment and a total sale price in contravention of the foregoing provision.
  5. 15 U.S. Code § 1605(a) provides in part as follows: “Examples of charges which are included in the finance charge include any of the following types of charges which are applicable, (5) premium or other charge for any guarantee or insurance protecting the creditor against the obligor’s default or other credit loss.” In the transaction, Defendant included a provision that Plaintiff must agree to keep the vehicle insured, in contravention of the foregoing provision.
  6. 15 U.S. Code § 1635 provides as follows: “Except as otherwise provided in this section, in the case of any consumer credit transaction (including opening or increasing the credit limit for an open end credit plan) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section.” 12 CFR § 026.15(b) also stipulates that: “In any transaction or occurrence subject to rescission, a creditor shall deliver two copies of the notice of the right to rescind to each consumer entitled to rescind (one copy to each if the notice is delivered in electronic form in accordance with the consumer consent and other applicable provisions of the E-Sign Act).” As a consumer, Plaintiff had the right to be notified of his right to rescission. Defendant failed to clearly and conspicuously disclose Plaintiff’s right to rescind. Defendant did not avail to Plaintiff the appropriate forms for Plaintiff to exercise his right of rescission. By failing to notify Plaintiff of his right of rescission and failing to avail the appropriate forms to him, Defendant acted in contravention of the foregoing provisions.
  7. 15 U.S. Code § 1662 provides as follows: “No advertisement to aid, promote, or assist directly or indirectly any extension of consumer credit may state, (2) that a specified downpayment is required in connection with any extension of consumer credit, unless the creditor usually and customarily arranges downpayments in that amount.” In the subject transaction, it was advertised that Defendant would need a down-payment for Plaintiff to drive off with the vehicle despite Plaintiff paying a down-payment of $4,000 to Car Stop Inc.
  8. 15 U.S. Code 1666b(a) provides as follows: “A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637(b) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.” Defendant contravened the foregoing provision by reporting late payments to credit reporting agencies.
  9. 15 U.S. Code § 1692e provides as follows: “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section, (4) the representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action, (14) the use of any business, company, or organization name other than the true name of the debt collector’s business, company, or organization.” Defendant breached the foregoing provision by unlawfully repossessing Plaintiff’s car. In doing so, Defendant used the services of another company, American Recovery Associates, which also alleged that Plaintiff would have to pay a storage fee for every day Plaintiff’s vehicle was in their possession.
  10. 15 U.S. Code § 1692c(a) provides as follows: “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 collection of any debt.” Defendant communicated with Plaintiff in regard to collection of the alleged debt by Defendant without his prior consent. 
  11. 15 U.S. Code § 1692b provides as follows: “Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall (2) not state that such consumer owes any debt.” Defendant communicated with Plaintiff and informed him that he owed a debt.
  12. 15 U.S. Code § 1692b provides as follows: “Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall (3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information.” Defendant attempted to communicate with Plaintiff on multiple occasions.
  13. 15 U.S. Code § 1692e provides as follows: “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section, (2) the false representation of the character, amount or legal status of any debt, (10) the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.” Defendant misrepresented the amount owed by Plaintiff and in doing so, used deceptive means to collect the alleged debt.
  14. 15 U.S. Code 1692e provides as follows: “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section, (9) the use or distribution of any written communication which stimulates or is falsely represented to be a document authorized, issued or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.” Defendant sent Plaintiff correspondence that stated that someone other than Plaintiff is the creditor, when Plaintiff is the creditor.
  15. 15 U.S. Code § 1692c(c) provides as follows: “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 except (1) to advise the consumer that the debt collector’s further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.” Plaintiff notified Defendant not to send him any more communication in regard to the alleged debt. Defendant continued to send correspondence not in accordance with the foregoing exceptions.
  16. 15 U.S. Code 1692e provides as follows: “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section, (8) communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.” Defendant threatened to communicate false information that Plaintiff owes a debt.
  17. 15 U.S. Code § 1692f provides as follows: “A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section, (1) the collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.” The contract being relied upon by Defendant was not signed by Defendant. It was only signed by Plaintiff. Defendants have no basis for collecting the alleged debt.
  18. 15 U.S. Code § 1693l provides as follows: “No writing or other agreement between a consumer and any other person may contain any provision which constitutes a waiver of any right conferred or cause of action created by this subchapter. Nothing in this section prohibits, however, any writing or other agreement which grants to a consumer a more extensive right or remedy or greater protection than contained in this subchapter or a waiver given in settlement of a dispute or action.” The contract states that no agreement between a consumer and another party should constitute a waiver of rights or any cause of action. The inclusion of that provision in the contract is a contravention of 15 U.S. Code § 1693l.
  19. Defendant invaded Plaintiff’s privacy by manner of intrusion on seclusion. In Billings v. Atkinson¸489 S.W.2d 858 (1973), the Texas Supreme Court held that: “A judicially approved definition of the right of privacy is that it is the right to be free from the unwarranted appropriation or exploitation of one’s personality, the publicizing of one’s private affairs with which the public has no legitimate concern, or the wrongful intrusion into one’s private activities in such manner as to outrage or cause mental suffering, shame or humiliation to a person of ordinary sensibilities.” The sending of unwanted correspondence to Plaintiff by Defendant amounts to seclusion and has caused Plaintiff mental suffering and shame.
  20. Tex. Penal Code Ann. § 32.51 stipulates that identity theft occurs when an individual with the intent to harm or defraud another person obtains, possesses, transfers or uses identifying information of another person without their consent. Defendant obtained Plaintiff’s name, address, and social security number without his consent and used it to create an account.
  21. 12 CFR § 226.15(a)(1)(i) provides for the consumer’s right of rescission as follows: “Except as provided in paragraph (a)(1)(ii) of this section, in a credit plan in which a security interest is or will be retained or acquired in a consumer’s principal dwelling, each consumer whose ownership interest is or will be subject to the security interest shall have the right to rescind each credit extension made under the plan; the plan when the plan is opened; a security interest when added or increased to secure an existing plan; and the increase when a credit limit on the plan is increased.”
  22. As a consumer, Plaintiff had the right to be notified of his right to rescission. Defendant failed to send Plaintiff a notice of rescission in accordance with the above provisions.
  23. Plaintiff sent multiple affidavits to Defendant highlighting provisions that Defendant had violated but Defendant did not reply to them. Failure to send Plaintiff a notice of rescission and failure to respond to Plaintiff’s affidavits shows bad faith on the part of Defendant. As a remedy for the foregoing, Plaintiff prays for summary judgment.
  24. As a result of Defendant actions, Plaintiff has suffered mental anguish, emotional distress, as well as defamation of character. In that light, Plaintiff seeks compensation.
  1. PRAYER FOR RELIEF

REASONS WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant him the following reliefs:

  1. Judgment in Plaintiff’s favor;
  2. Award Plaintiff damages for the above counts in the sum of $464,000.00;
  3. Award Plaintiff damages for unlawful repossession in the sum of $100,000.00;
  4. Award Plaintiff punitive damages;
  5. Award Plaintiff pre and post-judgment interests, costs of this suit, and attorney fees as allowed by law;
  6. Award Plaintiff such equitable relief as may be appropriate under the circumstances; and 
  7. Award Plaintiff such further relief as this Honorable Court deems necessary and proper.

Dated this ____ day of November, 2021.

Respectfully Submitted,

___________________________________

Jalen Broussard

Plaintiff in pro per

VERIFICATION

I, Jalen Broussard, being duly sworn depose and say that I am the Plaintiff in the above entitled action, that I have read the foregoing Complaint and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this the _____ day of ____________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was sent on the (Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:

(Name of Defendant’s Attorney), Attorney at Law

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