Legal Document: MANFREDY, JARRIT vs. COMMERCIAL ACCEPTANCE COMPANY

On October 01, 2021 a was filed involving a dispute between Manfredy, Jarrit, and Commercial Acceptance Company, for SMALL CLAIMS in the District Court of Osceola County.

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Filing # 138357309 E-Filed 11/11/2021 01:36:45 PM

IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA

JARRIT MANFREDY,

Plaintiff,

Vv. CASE NO.: 2021-SC-005194

COMMERCIAL ACCEPTANCE COMPANY,

Defendant.

NOTICE OF REMOVAL

Please take notice that Defendant filed the attached Notice of Removal to the United States

District Court for the Middle District of Florida, Orlando Division.

MESSER STRICKLER, LTD.

By /s/ Lauren M. Burnette
LAUREN M. BURNETTE, ESQUIRE
FL Bar No. 0120079
JOHN M. MAREES II, ESQUIRE
FL Bar No. 069879
12276 San Jose Blvd.
Suite 718
Jacksonville, FL 32223
(904) 527-1172
(904) 683-7353 (fax)
iburnette@mess rstrickler.com
jmarees@messerstrickler.com
Counsel for Defendant

Dated: November 11, 2021
CERTIFICATE OF SERVICE

I certify that on November 11, 2021, a true copy of the foregoing document was served

on all counsel of record by electronic service.

MESSER STRICKLER, LTD.

By /s/ Lauren M. Burnette
LAUREN M. BURNETTE, ESQUIRE
FL Bar No. 0120079
JOHN M. MAREES II, ESQUIRE
FL Bar No. 069879
12276 San Jose Blvd.
Suite 718
Jacksonville, FL 32223
(904) 527-1172
(904) 683-7353 (fax)
lburnette@messerstrickler.com
jmarees@messerstrickler.com
Counsel for Defendant

Dated: November 11, 2021
EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

JARRIT MANFREDY,

Plaintiff,

Vv CASE NO. 6:21-cv-01895

COMMERCIAL ACCEPTANCE
COMPANY,

Defendant.
/

NOTICE OF REMOVAL

PLEASE TAKE NOTICE THAT on this date, Defendant Commercial Acceptance

Company, by and through its undersigned counsel, hereby removes the above-captioned

matter to the United States District Court for the Middle District of Florida, Orlando

Division, from the County Court of the Ninth Judicial Circuit in and for Osceola County,

Florida and in support thereof avers as follows:

4
Defendant Commercial Acceptance Company is a defendant in a civil action

originally filed on or about October 1, 2021, in the County Court of the Ninth Judicial

Circuit, in and for Osceola County, Florida, titled Jarrit Manfredy v. Commercial

Acceptance Company. and docketed to Case No. 2021-SC-005194.

2 This removal is timely under 28 U.S.C. § 1446(b) as Defendant accepted

service of process on October 12, 2021.

3 Pursuant to 28 U.S.C. § 1446, attached hereto are copies of all process,

pleadings and orders received by Defendant in the state court action.
5 The United States District Court for the Middle District of Florida, Orlando

Division, has original jurisdiction over this action pursuant to 28 U.S.C. § 1331, in that

Plaintiff has filed claims against Defendant alleging violations of the Fair Debt Collection

Practices Act, 15 U.S.C. § 1692, et seq.

6 On this date, Defendant provided notice of this Removal to counsel for

Plaintiff and to the County Court of the Ninth Judicial Circuit in and for Osceola County,

Florida.

WHEREFORE, Defendant respectfully removes this case to the United States

District Court for the Middle District of Florida.

Respectfully submitted,

MESSER STRICKLER, LTD.

By /s/ Lauren M. Burnette
LAUREN M. BURNETTE, ESQUIRE
FL Bar No. 0120079
JOHN M. MAREES II, ESQUIRE
FL Bar No. 069879
12276 San Jose Blvd.
Suite 718
Jacksonville, FL 32223
(904) 527-1172
(904) 683-7353 (fax)
iburmette@messerstrickler.com
imarees@messerstrickler.com
Counsel for Defendant

Dated: November 11, 2021
CERTIFICATE OF SERVICE

| certify that on November 11, 2021, a true copy of the foregoing document was served on

all counsel of record by electronic service.

MESSER STRICKLER, LTD.

By: 4s/ Lauren M. Burnette
LAUREN M. BURNETTE, ESQUIRE
FL Bar No. 0120079
JOHN M. MAREES II, ESQUIRE
FL Bar No. 069879
12276 San Jose Blvd.
Suite 718
Jacksonville, FL 32223
(904) 527-1172
(904) 683-7353 (fax)
lburnette@messerstrickler.com
imarees@messerstrickler.com
Counsel for Defendant

Dated: November 11, 2021
EXHIBIT A
NOTICE TO APPEAR FOR VIRTUAL PRE-TRIAL CONFERENCE/MEDIATION
IN THE COUNTY COURT FOR THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA

CASE NO.: 2021 SC 005194 SP

JARRIT MANFREDY VS. COMMERCIAL ACCEPTANCE COMPANY

THE STATE OF FLORIDA TQ ELECTRONICALLY FILED
COMMERCIAL ACCEPTANCE COMPANY IN OSCEOLA COUNTY, FLORIDA
DATE: 10/01/2021
2300 GETTYSBURG ROAD
SUITE 102
CAMP HILL, PA 17011-7303

PLEASE BE ADVISED that the above-named Plaintiff has made claim and is requesting judgment against
you in the sum of $500.00 as shown by the Statement of Claim attached, together with $90.00 filing fees plus
service fees to date.

YOU ARE HEREBY NOTIFIED that you are required to appear, or by an attorney via video using Microsoft
Teams, 2 Courthouse Square Kissimmee, FL 34741 on January 7, 2022 at 9:30 A.M. for a PRETRIAL
CONFERENCE.

IMPORTANT- READ CAREFULLY

THE CASE WILL NOT BE TRIED AT THE VIRTUAL PRETRIAL CONFERENCE SO DO NOT
BRING WITNESSES. YOU MUST APPEAR, OR BY AN ATTORNEY VIA VIDEO USING
MICROSOFT TEAMS. ONLY THE NAMED PARTY AND ANY NECESSARY INTERPRETER MAY
ATTEND.

Defendant(s) must appear as stated on the date specified in order to avoid a default judgment. Plaintiff (s)
must appear as stated on the date specified in order to avoid having the case dismissed for lack of
prosecution. A written MOTION or ANSWER to the Court by the plaintiff(s) or defendant(s) shall not excuse
the appearance of a party or its attorney in the PRETRIAL CONFERENCE/MEDIATION. The date and time of
the pretrial conference CANNOT be rescheduled without good cause and prior court approval.

Any business entity recognized under Florida law may be represented at any stage of the trial court proceedings
by any principal of the business entity who has legal authority to bind the business entity or any employee
authorized in writing by a principal of the business entity. A principal is defined as being an officer, member,
managing member, or partner of the business entity. Written authorization must be brought to the Pretrial
Conference.

The purpose of the pretrial conference is to record your appearance, to determine if you admit all or part of the
claim, to enable the court to determine the nature of the case, and to set the case for trial if the case cannot be
resolved at the pretrial conference. You or your attorney should be prepared to confer with the court and to
explain briefly the nature of your dispute, state what efforts have been made to settle the dispute, exhibit any
documents necessary to prove the case, state the names and addresses of your witnesses, stipulate to the facts
that will require no proof and will expedite the trial, and estimate how long it will take to try the case.

Whoever appears for a party must have full authority to settle. Failure to have full authority to settle at this
pretrial conference may result in the imposition of costs and attorney fees incurred by the opposing party.

If you admit the claim, but desire additional time to pay, you must state the circumstances to the court. The
court may or may not approve a payment plan and withhold judgment or execution or levy.

RIGHT TO VENUE: The law gives the person or company who has sued you the right to file suit in any one of
several places as listed below. However, if you have been sued in any place other than one of these places, you,
as the defendant(s), have the right to request that the case be moved to a proper location or venue. A proper
location or venue may be one of the following:

1. Where the contract was entered into;
2. If the suit is on unsecured promissory note, where the note is signed or where the maker resides;
3. If the suit is to recover property or to foreclose a lien, where the property is located;
4, Where the event giving rise to the suit occurred:
5. Where any one or more of the defendant(s) sued resides;
6. Any location agreed to in a contract;
7. In an action for money due, if there is no agreement as to where suit may be filed, where payment
is to be made.

If you, as the defendant(s), believe the plaintiff(s) has/have not sued in one of these correct places, you must
appear in person on your court date and orally request a transfer, or you may file a WRITTEN request for
transfer, in affidavit form (sworn to under oath) with the court 7 days prior to your first court date and send a
copy to the plaintiff(s) or the plaintiff(s) attorney, if any.

If the party serving summons has designated e-mail address(es) for service or is represented by an attorney, you
may designate e-mail address(es) for service by you through the Florida E-filing Portal found at
https://www.myflcourtaccess.com/ For more information about the E-Filing portal, visit
hi S: // www. floridasupremecourt.org/Practice-Procedures/A bout-E-Filing-Portal#use

You must keep the Clerk of Court’s office notified of your current address, especially if the address for
this summons was different from where you were actually served. Future papers in this lawsuit will be
served at the address on record at the clerk’s office. The failure to update your correct address with the
Clerk of Court may result in actions taken against you without your knowledge,

A copy of the Statement of Claim shall be served with this summons.

Kelvin Sop

oF
Cees My

+
en
Issued: October 12, 2021

<.Coun
TO JOIN YOUR VIRTUAL PRETRIAL CONFERENCE
January 07, 2022 at_9:30 am
Before the HONORABLE STEFANIA C JANCEWICZ

Instructions:

1. Open the camera on your smart device.
2. Point the camera at the QR code.
3. Position the camera so that the QR code is centered in your screen.
4. Hold the camera in front of the QR code for a moment so it can focus
and recognize the QR code.

ase
5. Tap the QR code image on your screen to open the link.

[=] =

or type the following link into your browser:
https://tinyurl.com/60ptcjan7930

FAILURE OF EITHER PARTY TO APPEAR AT THE PRETRIAL CONFERENCE MAY RESULT IN
THE ENTRY OF A DEFAULT JUDGMENT OR A DISMISSAL OF THE ACTION BY THE COURT
VIDEOCONFERENCE HEARING PROCEDURES

Osceola County CIVIL Division 60-G

ATTENTION ATTORNEYS AND SELF-
REPRESENTED PARTIES:

PLEASE CAREFULLY READ AND BE FAMILIAR WITH THESE
PROCEDURES BEFORE YOUR SCHEDULED VIDEOCONFERENCE
HEARING AS THERE ARE TIME SENSITIVE DEADLINES AND TASKS
TO COMPLETE PRIOR TO YOUR HEARING.

Due to the COVID-19 pandemic and administrative orders from the Florida Supreme
Court and Ninth Judicial Circuit, there is limited court access. During Phase I, parties and
attorneys in person appearance at the Courthouse is limited to Essential or Critical
Proceedings. During Phase II, parties, attorneys and witness in person appearance is
limited and authorized for certain proceeding types (refer to Fl. S. Ct. Admin Order
AOSC20-23 Amendment 5 and any subsequent updates) During Phase 3, in person contact is
more broadly authorized. Courts are encouraged to conduct proceedings via remote technologies
where available and appropriate. To ensure that your videoconference hearing runs smoothly, all
participants shall abide by the following procedures:

TECHNOLOGY & DEVICE REQUIREMENTS

PROGRAM USED. The Court will be using Microsoft Teams to conduct Court proceedings.

DEVICE NEEDED. A desktop computer, laptop computer, tablet, or smartphone may be used
for the hearing. A camera is preferred for all person participating in the Video Hearing. A
microphone is required for all persons participating in a Videoconference Hearing. A camera
and microphone is required for all person who will be testifying. Most devices have a built in
microphone and camera. If you do not have any of this equipment available to you, please
immediately contact the Judicial Assistant, Olga Melendez at 600sceola@ninthcircuit.org.

Page 1 of 4
HOW TO ACCESS MICROSOFT TEAMS.

1 Windows based device. The program can be downloaded from the Microsoft
website for free. Alternatively, the program can be accessed by clicking the link provided by the
court if the user is operating on Microsoft Edge or Google Chrome web browsers. It is preferred
to download the program which will auto-launch when the link is clicked.

2. Mac/Apple Based Products. The program can be downloaded from the
Microsoft website for free. Alternatively, the program can be accessed by clicking the link
provided by the court if the user is operating on Microsoft Edge or Google Chrome web
browsers. The program WILL NOT work with the Safari or Internet Explorer web browsers. It
is preferred to download the program which will auto-launch when the link is clicked.

3. Android based mobile devices and tablets. Download the free Teams
application from the Google Play Store and install it on your device. Allow camera and
microphone access. Once the link is emailed to you, clicking the link will automatically launch
the Teams program.

4 Apple/IOS based mobile devices and tablets. Download the free Teams
application from the App Store and install it on your device. Allow camera and microphone
access. Once the link is emailed to you, clicking the link will automatically launch the Teams
program.

PREPARING FOR THE VIDEOCONFERENCE

1 Upon receipt of these instructions, and no less than 2 business days prior to the
videoconference hearing, all participants shall download the free Microsoft Teams App from
https://teams.microsoft.com/downloads (for a computer) or the App Store for their smart phone
or device.

2 Counsel and/or pro se parties shall provide the judicial assistant with the email
address for each hearing participant at the time of scheduling the videoconference hearing but
not later than 2 business days prior to the hearing. Participants include counsel, parties,
witnesses, interpreters, and court reporters.

3 The judicial assistant will send an invitation to the Microsoft Teams meeting to
the hearing participants based only on the emails provided by counsel or pro se parties. Counsel
and/or pro se parties may share the link with their witnesses.

4 Hearing participants will click on the meeting link invitation provided by the
judicial assistant at least five minutes prior to the scheduled time of the videoconference hearing.

5 All participants will be waiting in the virtual Microsoft Teams “lobby” until the
judge initiates the videoconference hearing. Witnesses will remain in the lobby until such time as
they are called to testify. DO NOT leave the waiting room unless excused.

Page 2 of 4
Preparing Evidence for the Videoconference
1 No later than 3 business days before the hearing, counsel and/or pro se parties
shall exchange any and all exhibits and have a substantive, good faith telephone conference to
address stipulations and objections to the admissibility of any exhibits.

2 After the substantive, good faith telephone conference and no later than 2
business days before the hearing, the parties are to pre-mark the exhibits (i.e. Defense Ex A,
Plaintiff Exhibit C, etc.) that they intend to use during the hearing, file these exhibits with the
Clerk of Court, and send opposing parties as well as the Court a copy of said exhibits. If a video
is being used, the original video shall be provided to the Judge’s chambers no later than 2
business days before the hearing. Counsel introducing the video shall have the ability to play the
video (with sound) from their electronic device and share the screen with all participants. If there
are objections to the admissibility of any exhibits, the party raising the objection shall identify
the exhibit and identify the ground(s) of any objection at the appropriate time during the hearing.
After hearing argument, the court will rule on the objection(s).

Preparing Witnesses for the Videoconference
1 Pursuant to current COVID-19 CDC guidelines and orders from all levels of
government, all participants must abide by social distancing requirements and limit in-person
contact. As such, witnesses do not need to be present with the attorneys or self-represented
parties during the videoconference hearing and it is preferred that such witnesses participate in
the videoconference hearing remotely from their own home or office.

2 Witness must be provided copies of all pre-marked exhibits prior to the hearing.

3 The witness shall be instructed not to look or refer to any other document or
device during his or her testimony.

4 Counsel and/or self-represented party is responsible for providing these
instructions to any witnesses and ensuring their compliance.

5 Witness are discouraged from being in the same physical space as the attorney or
self-represented party. However, in the event a witness or party testifying is in the same physical
space as the attorney or self-represented party questioning the witness, the witness must be at
least 6 feet away from any other person in the room and the camera shall be directed at the
witness. The attorney or self-represented party may not assist the witness with answers in any
way, including but not limited to gestures, notes, or facial expressions, or otherwise impact or
influence the witness’ testimony “off camera.”

Page 3 of 4
Procedures During the Videoconference Hearing
1 At the beginning of the videoconference hearing, the judge will call the case and
instruct all participants when to announce themselves for purposes of the record.

2 All participants shall place their microphones on mute unless they are speaking or
wish to make an objection.

3 All efforts shall be undertaken not to interrupt other speakers during the
videoconference hearing, unless it is necessary to assert an objection.

4 If an interpreter is necessary, all participants shall be speak slowly, in short
complete sentences or questions, and allow time for translation. No one shall respond to a
question posed by another participant until the question has been translated.

5 Participants (other than the Court) MAY NOT use the Microsoft Teams App or
any other device to record the video conference.

6 All participants are required to ensure that no children are able hear or see the
videoconference hearings.

7 All participants are required to identify anyone that may be observing the
proceedings with them. This is essential for the rule of sequestration to be effective and ensure
the credibility of testimony.

Questions

We recognize that these are new procedures and challenging times for everyone. We are here to
help and do our best to make sure your case is timely heard. Please do not hesitate to contact the
judicial assistant at 600sceola@ninthcircuit.org if our office can assist you with any questions
about these procedures or preparations for the videoconference. With practice and patience, we
will all get more proficient with these new technologies and platforms. Thank you for your
commitment to your clients, our legal community and profession.

Page 4 of 4
EXHIBIT B
Filing # 135767499 E-Filed 10/01/2021 03:38:29 PM

IN THE COUNTY COURT OF THE 9" JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA

JARRIT MANFREDY,

Plaintiff,
Case No.
Vv.
JURY TRIAL DEMANDED
COMMERCIAL ACCEPTANCE COMPANY,
INJUNCTIVE RELIEF SOUGHT
Defendant.
/

STATEMENT OF CLAIM

Plaintiff Jarrit Manfredy (‘Plaintiff’) sues Defendant Commercial Acceptance Company

(“Defendant”) for violations the Florida Consumer Collection Practices Act (“FCCPA”) and the

Fair Debt Collection Practices Act (“FDCPA”)

JURISDICTION AND VENUE

1 This Court has subject matter jurisdiction over Plaintiff and Defendant

(collectively, the “Parties”), because the cause of action arises within the jurisdiction of this Court

and, thus, venue and jurisdiction are proper.

2. This Court has personal jurisdiction over Defendant because Defendant is

operating, present, and/or doing business within this jurisdiction and because the complained of

conduct of Defendant occurred within Osceola County, Florida.

3 The amount in controversy is greater than $2,000, but does not exceed $8,000,

exclusive of costs, interest, and attorneys’ fees, and is otherwise within this Court’s jurisdiction.

4. Venue of this action is proper in this Court because, pursuant to Fla. Stat. § 47.011,

et seq., the cause of action alleged below arose in Osceola County Florida.

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PARTIES

5. Plaintiff is a natural person, and a citizen of the State of Florida, residing in Osceola

County, Florida.

6. Defendant is a Pennsylvania Corporation, with its principal place of business

located in Camp ITill PA 17011.

DEMAND FOR JURY TRIAL

7. Plaintiff, respectfully, demands a trial by jury on all counts and issues so triable.

FACTUAL ALLEGATIONS

8 On a date better known by Defendant, Defendant began attempting to collect a debt

(the “Consumer Debt”) from Plaintiff.

9 The Consumer Debt is an obligation allegedly had by Plaintiff to pay money arising

from a transaction between the creditor of the Consumer Debt, Global Payments, and Plaintiff

involving an unsecured line of credit for the personal use of Plaintiff. (the “Subject Service”).

10. The Subject Service was primarily for personal, family, or houschold purposes.

11. Defendant is a business entity engaged in the business of soliciting consumer debts

for collection.

12, Defendant is a business entity engaged in the business of collecting consumer debts.

13. Defendant regularly collects or attempts to collect, directly or indirectly, debts

owed or due or asserted to be owed or due another.

14. Defendant is registered with the Florida Office of Financial Regulation as a

“Consumer Collection Agency.”

15. Defendant maintains all the records specified in Rule 69V-180.080, Florida

Administrative Code.

PAGE | 2 of 7
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16. The records specified by Rule 69V-180.080, Florida Administrative Code, of which

Defendant does maintain, are current to within one week of the current date.

17. Defendant is a “debt collector” within the meaning of 15 U.S.C. § 1692a(6).

18. Defendant is a “person” within the meaning of Fla. Stat. § 559.72.

19. On a date better known by Defendant, Defendant transmitted Plaintiff's personal

information to a third-party (the “Third-Party”).

20. The personal information Defendant transmitted to the Third-Party included, but

was not limited to: [1] Plaintiff's name; [2] Plaintiff's address; [3] the existence of the Consumer

Debt; [4] the amount of the consumer debt; [5] the creditor of the Consumer Debt; [6] that Plaintiff

was the alleged debtor of the Consumer Debt; [7] information regarding the Subject Service; and

[8] that Plaintiff did not pay the Consumer Debt and/or defaulted on the Consumer Debt

(collectively, the “Transmitted Information”).

21. The Third-Party, of whom Defendant transmitted Plaintiff's personal information

to, complied Plaintiffs personal information and prepared a letter that was to be sent to Plaintiff

in an attempt to collect the Consumer Debt.

22. The Transmitted Information affected Plaintiff's reputation. For example, the

transmission of such information affected Plaintiff's reputation regarding the repayment of debts,

Plaintiff's reputation of truthfulness, Plaintiff's reputation of solvency, and Plaintiff's reputation

tegarding trustworthiness.

23. Defendant’s transmission of Plaintiffs personal information to the Third-Party was

a communication in connection with the collect of the Consumer Debt.

24. In addition to transmitting Plaintiff's personal information to the Third-Party,

Defendant also transmitted Plaintiff's personal information to other third-party entities in

PAGE | 3 of 7
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connection with the collection of the Consumer Debt. Defendant transmitted such information to

these other third-party entities by, including but not limited to: {1] utilizing “skip trace” services;

[2] utilizing bankruptcy, SCRA, probate, and other “scrubbing” services; and [3] utilizing

independent third-party contractors to attempt to collect the Consumer debt from Plaintiff.

25. On a date better known by Defendant, Defendant sent the letter prepared and/or

complied by the Third-Party to Plaintiff, of which was internally dated August 11, 2021, (the

“Collection Letter”) in an attempt to collect the Consumer Debt.

26. Attached as Exhibit “A” is a copy of Collection Letter.

27. Defendant’s transmission of Plaintiff's personal information to the Third-Party is

an explicit violation of § 1692c(b) of the FDCPA. See Hunstein v. Preferred Collection & Mgmt.

Serys., No. 19-14434, 2021 U.S. App. LEXIS 11648 (Lith Cir. Apr. 21, 2021) (a complete copy

of the Hunstein opinion is attached as Exhibit “B”).

28. The Collection Letter contains a bar code, discreet tracking numbers, and/or Quick

Response (“QR”) code, of which are indicative of Defendant’s use of the Third-Party to prepare,

print, package, compile, and/or otherwise send the Collection Letter.

29. For Defendant to maintain a valid consumer collection agency license with the

Florida Department of State (so to otherwise lawfully collect, or attempt to collect, consumer debts

from Florida consumers) Defendant knew it was required to tailor its (Defendant’s) debt collector

methods to be in compliance with both the FDCPA and FCCPA.

30. Defendant knew that the Transmitted Information constituted an unlawful

transmission of Plaintiff's personal information in violation of § 1692c(b) of the FDCPA.

PaGE
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31. The Third-Party did not have any legitimate need for the Transmitted Information,

as the Transmitted Information constituted an unlawful transmission of Plaintiff's personal

information in violation of § 1692c(b) of the FDCPA.

Count i
VIOLATI N OF 15 U.S.C.
§ 1692¢

32. Plaintiff incorporates by reference paragraphs 1-31 of this Complaint.

33. Pursuant to § 1692c(b) of the FDCPA, “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.” 15 U.S.C. 1692c(b) (emphasis added).

34, As set forth above, Defendant’s transmission of Plaintiff's personal information to

the Third-Party violates § 1692c(b) of the FDCPA. See Hunstein, No, 19-14434, 2021 U.S. App.

LEXIS 11648 (“[w]e hold (1) that a violation of § 1692¢(b) gives rise to a concrete injury in fact

under Article Ill and (2) that the debt collector's transmittal of the consumer's personal information

to its dunning vendor constituted a communication ‘in connection with the collection of any debt’

within the meaning of § 1692c(b).”) Accordingly, Defendant violated § 1692c(b) of the FDCPA

when it transmitted Plaintiff’s personal information to the Third-Party.

35. WHEREFORE, Plaintiff, respectfully, requests this Court to enter a judgment

against Defendant, awarding Plaintiff the following relief:

(a) Statutory and actual damages as provided by 15 U.S.C. § 1692k;

(b) Costs and reasonable attorneys’ fees pursuant to 15 U.S.C. § 1692k; and

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| 5 of 7
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Count 2
7
VI IN_OFF:

36. Plaintiff incorporates by reference paragraphs 1-31 of this Complaint.

37, Pursuant to § 559.72(5) of the FCCPA, in collecting consumer debts, no person

shall: “{dJisclose to a person other than the debtor or her or his family information affecting the

debtor’s reputation, whether or not for credit worthiness, with knowledge or reason to know that

the other person does not have a legitimate business need for the information or that the

information is false.” Fla Stat. § 559.72(5) (emphasis added).

38. As set forth above, Defendant unlawfully transmitted Plaintiff's personal

information, by and through the Transmitted Information, to the Third-Party, whereby said

transmitted information affective Plaintiff's reputation because the Third-Party did not have any

legitimate need for unlawfully transmitted personal information of Plaintiff.

39. WHEREFORE, Plaintiff, respectfully, requests this Court to enter a judgment

against Defendant, awarding Plaintiff the following relief:

(a) Statutory and actual damages pursuant to Fla. Stat. §559.77(2);

(b) An injunction prohibiting Defendant from engaging in further collection
activities directed at Plaintiff that are in violation of the FCCPA;

(d) Any other relief that this Court deems appropriate under the circumstances.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

PAGE
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DATED: August 27, 2021
Respectfully Submitted,

/s/ Jibracl $. Hindi
JIBRAEL S. HINDI, ESQ.
Florida Bar No.: 118259
E-mail: jibrael@jibraellaw.com
THOMAS J. PATTI, ESQ.
Florida Bar No.: 118377
E-mail: tom@jibraellaw.com
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, Florida 33301
Phone: 954-907-1136
Fax: 855-529-9540

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EXHIBIT “A”
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EXHIBIT “B”
USCA11 Case: 19-14434 Date Filed: 04/21/2021 Page: 1 of 23

[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

No. 19-14434

D.C. Docket No. 8:19-cv-00983-TPB-TGW

RICHARD HUNSTEIN,

Plaintiff - Appellant,

versus

PREFERRED COLLECTION AND MANAGEMENT SERVICES, INC.,

Defendant - Appellee.

Appeal from the United States District Court
for the Middle District of Florida

(April 21, 2021)
Before JORDAN, NEWSOM, and TJOFLAT, Circuit Judges.

NEWSOM, Circuit Judge:

This appeal presents an interesting question of first impression under the

Fair Debt Collection Practices Act—and, like so many other cases arising under
USCA11 Case: 19-14434 Date Filed: 04/21/2021 Page: 2 of 23

federal statutes these days, requires us first to consider whether our plaintiff has

Article III standing.

The short story: A debt collector electronically transmitted data concerning

a consumer’s debt—including his name, his outstanding balance, the fact that his

debt resulted from his son’s medical treatment, and his son’s name—to a third-

party vendor. The third-party vendor then used the data to create, print, and mail a

“dunning” letter to the consumer. The consumer filed suit alleging that, in sending

his personal information to the vendor, the debt collector had violated 15 U.S.C. §

1692c(b), which, with certain exceptions, prohibits debt collectors from

communicating consumers’ personal information to third parties “in connection

with the collection of any debt.” The district court rejected the consumer’s reading

of § 1692c(b) and dismissed his suit. On appeal, we must consider, as a threshold

matter, whether a violation of § 1692c(b) gives rise to a concrete injury in fact

under Article III, and, on the merits, whether the debt collector’s communication

with its dunning vendor was “in connection with the collection of any debt.”

We hold (1) that a violation of § 1692c(b) gives rise to a concrete injury in

fact under Article III and (2) that the debt collector’s transmittal of the consumer’s

personal information to its dunning vendor constituted a communication “i

connection with the collection of any debt” within the meaning of § 1692c(b).
USCA11 Case: 19-14434 Date Filed: 04/21/2021 Page: 3 of 23

Accordingly, we reverse the judgment of the district court and remand for further

proceedings.

Congress enacted the FDCPA “to eliminate abusive debt collection practices

by debt collectors” and “to protect consumers against debt collection abuses.” 15

US.C. § 1692(e). To that end, § 1692c(b) of the FDCPA, titled “Communication

with third parties,” provides that—

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 postjudgment 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.

15 U.S.C. § 1692c(b). The provision that § 1692c(b) cross-references—§ 1692b—

governs the manner in which a debt collector may communicate “with any person

other than the consumer for the purpose of acquiring location information.” 15

U.S.C. § 1692b. The FDCPA thus broadly prohibits a debt collector from

communicating with anyone other than the consumer “in connection with the

collection of any debt,” subject to several carefully crafted exceptions—some

enumerated in § 1692c(b), and others in § 1692b.

Richard Hunstein incurred a debt to Johns Hopkins All Children’s Hospital

arising out of his son’s medical treatment. The hospital assigned the debt to

3
USCA11 Case: 19-14434 Date Filed: 04/21/2021 Page: 4 of 23

Preferred Collections & Management Services, Inc. for collection. Preferred in

turn hired Compumail, a California-based commercial mail vendor, to handle the

collection. Preferred electronically transmitted to Compumail certain information

about Hunstein, including, among other things: (1) his status as a debtor, (2) the

exact balance of his debt, (3) the entity to which he owed the debt, (4) that the debt

concerned his son’s medical treatment, and (5) his son’s name. Compumail used

that information to generate and send a dunning letter to Hunstein.

Hunstein filed a complaint, alleging violations of both the FDCPA, see 15

ULS.C. §§1692c(b) and 1692f, and th

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JANCEWICZ, STEFANIA C Track Judge’s New Case

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