1 ROBERT AMADOR, ESQ.

(State Bar #269168)

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Centennial Law Offices 9452 Telehone Rd. . 156 Ventura, California 93004 Telephone: (888) 308-1119 ext 11 Facsimile: (888) 535-8267 Attorney for Plaintiff JAMES" CLEVENHAGEN

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SUPERIOR COURT OF-THE.STATE QF-CALIFORNJA_ FOR THE COUWTY OF i

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JAMES CLEVENHAGEN, Plaintiff,

) Case No. 37-2KH 2-00104608-CL-MC-CTL LIMITED CIVIL CASE FOR;

vs.

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COLLECTO, INC.; EOS CCA; and DOES 1-5, inclusive, Defendants.

) l.)ROSENTEAL FAIR DEBT ) COLLECTION PRACTICES ACT ) VIOLATIONS (Cal. Civ. Code 1788 et ) Se1-)) 2.) FAIR DEBT COLLECTION ) PRACTICES ACT (15 U.S.C. 1692 et seq.)

PLAINTIFF, JAMES CLEVENHAGEN, ALLEGES:

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GENERAL ALLEGATIONS APPLICABLE TO ALL CAUSES OF ACTION

1. Plaintiff is ignorant of the true names and capacities of defendants sued herein as DOES 1-5, inclusive, and therefore sues these defendants by such fictitious names. Plaintiff will
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amend this Complaint to allege their true names and capacities when ascertained. Plaintiff believes and thereon alleges that each of the fictitiously named defendants is responsible in some manner for the occurrences herein alleged, and that each is responsible to Plaintiff for damages

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and/or monies owed.

CIVIL COMPLAINT - 1

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2. This court has jurisdiction over this action pursuant to California Code of Civil Procedure 410.10. 3. This is the court of proper venue pursuant to California Code of Civil Procedure 395 in that Plaintiff resides and suffered harm within the county. 4. Plaintiff Mr. Clevenhagen is a resident of California. 5. Defendant COLLECTO, INC. (hereinafter "Defendant") is, and at all material times herein alleged, believed to be a corporation headquartered in Massachusetts and engaged in debt collection within California among other states. EOS CCA is believed to be a DBA of COLLECTO, INC. COLLECTO, INC., EOS CCA, and DOES 1-5 are "debt collectors" as defined by 15 U.S.C. 1692a and Cal Civ. Code 1788.1(c). COLLECTO, INC., EOS CCA, and DOES 1-5 shall jointly be referred to herein as "Defendants".

FACTUAL BACKGROUND 6. On or about October 12, 2010 Defendants became engaged in debt collection activity with regards to a consumer debt (hereinafter "DEBT") allegedly owed by Mr. Clevenhagen. 7. Between January 1 and October 17, 2011, Defendants called Mr. Clevenhagen 121times with the use of an automated dialer playing a pre-recorded message as follows: "Hello, this is a message for J. Scott Clevenhagen. If you are not J. Scott Clevengagen, please hang up and call 877-347-3741 to remove this phone number from our records. If you continued to listen to this message you are acknowledging that you are J. Scott Clevengagen. This message contains personal and private information. There will now be a 3-second pause... This is EOS CCA, a collection agency and this is an attempt to collect a debt. Any information obtained will be used for that purpose. Please contact us about this important business matter at 877-347-3741. When calling, please reference account number 10782111. Again, the telephone number is 877-347-3741, and the account number that is needed when calling is 10782111. Thank you." 8. Due to the collection activity alleged herein, particularly the excessive calls and messages, Mr. Clevenhagen retained counsel.

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9. On March 26, 2012, Ms, Smith of Centennial Law Offices contacted Defendants, advising Defendants that Mr. Clevenhagen was represented by Attorney Robert Amador of Centennial Law Offices. Mr. Amador's contact information was provided. 10. Defendants continued to contact Mr. Clevenhagen directly by calling him again on March 26, 2012 and leaving the same message as provided above. The calls and messages continued at a rate of 2-3 per week. 11. On May 11, 2012, Ms. Reyes of Centennial Law Offices contacted Defendants, advising Defendants that Mr. Clevenhagen was represented by Attorney Robert Amador of Centennial Law Offices. Mr. Amador's contact information was provided. 12. On May 11, 2012, Ms. Reyes of Centennial Law Offices contacted Defendants for a second time. Ms. Reyes spoke with Defendants and obtained details regarding the debt alleged owed by Mr. Clevenhagen. 13. Defendants continued to contact Mr. Clevenhagen directly by calling him again on May 18, 2012 and leaving the same message as provided above. The calls and messages continued at a rate of about 1 per week. 14. Based on the foregoing, and as a direct result of Defendants' unlawful collection activities, Plaintiff has incurred attorney's fees of $2,155.00 to date.

FIRST CAUSE OF ACTION ROSENTHAL FAIR DEBT COLLECTION PRACTICES ACT (Cal. Civ. Code Code

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BY PLAINTIFF JAMES CLEVENHAGEN AGAINST DEFENDANTS COLLECTO, INC., EOS CCA, AND DOES 1-5

15. Plaintiff re-alleges paragraphs 1 through 14, inclusive, and by reference hereto incorporates the same as though fully set forth herein.

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16. Plaintiff is informed and believes and herein alleges that Defendants, and each of them, violated Cal. Civ. Code 1788.ll(b) with regards to Plaintiff in that Defendants failed to provide the identity of the person calling Plaintiff, namely the person's name. 17. Plaintiff is informed and believes and herein alleges that Defendants, and each of them, violated Cal. Civ. Code 1788.1 l(d) and (e) with regards to Plaintiff in that Defendants caused Plaintiffs telephone to ring repeatedly with the intent to annoy him; and Defendants communicated by telephone with Plaintiff with such frequency as to be unreasonable and to constitute an harassment to Plaintiff under the circumstances.

SECOND CAUSE OF ACTION FAIR DEBT COLLECTION PRACTICES ACT (15 U.S.C. 1692 et seq.) BY PLAINTIFF JAMES CLEVENHAGEN AGAINST DEFENDANTS EOS CCA, AND DOES 1-5

18. Plaintiff re-alleges paragraphs 1 through 14, inclusive, and by reference hereto incorporates the same as though fully set forth herein. 19. Plaintiff is informed and believes and herein alleges that Defendants, and each of them, violated 15 U.S.C. 1692d(6) and 15 U.S.C. 1692e(l 1) by failing to provide the identity of the person calling Plaintiff, namely the person's name. 20. Plaintiff is informed and believes and herein alleges that Defendant violated 15 U.S.C. 1692d by engaging in conduct the natural consequence of which was to harass Plaintiff. 21. Plaintiff is informed and believes and herein alleges that Defendants, and each of them, violated 15 U.S.C. 1692d(5) with regards to Plaintiff in that Defendants caused Plaintiffs telephone to ring repeatedly with the intent to annoy, abuse, or harass him. 22. Plaintiff is informed and believes and herein alleges that Defendants, and each of them, violated 15 U.S.C. 1692c(a)(2) by communicating directly with Plaintiff regarding collection of the DEBT contrary to actual knowledge that Plaintiff was represented by counsel.

CIVIL COMPLAINT - 4

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PRAYER FOR RELIEF WHEREFORE, Plaintiff prays judgment against Defendants, and each of them, actual damages being in the alternative, recovery for each cause of action as follows:

ON THE FIRST CAUSE OF ACTION fCal Civ. Code 1788.11): 1.) For statutory damages in the amount of $1,000 pursuant to Cal. Civ. Code 1788.30(b); 2.) For actual damages of $2,155.00 for legal costs in responding to unlawful collection

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activity pursuant to Cal. Civ. Code 1788.30(a); 3.) For prejudgment interest in an amount to be proven at time of trial; 4.) For attorney's fees pursuant to Cal. Civ. Code I788.30(c); 5.) For the costs of this lawsuit pursuant to Cal. Civ. Code I788.30(c); and 6.) For any other and further relief that this Court deems just and proper.

ON THE SECOND CAUSE OF ACTION (15 U.S.C. 1692 et seq.): 1.) For statutory damages in the amount of $1,000 pursuant to 15 U.S.C. 1692(k)(2); 2.) For actual damages of $2,155.00 for legal costs in responding to unlawful collection activity; 3.) For prejudgment interest in an amount to be proven at time of trial; 4.) For attorney's fees pursuant to 15 U.S.C. 1692(k); 5.) For the costs of this lawsuit; and 6.) For any other and further relief that this Court deems just and proper.

DATED: September 10, 2012

ROBERT AMADOR Attorney for Plaintiff

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