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**** CASE NUMBER: 502024CA001069XXXAMB Div: AF ****
Filing # 191129474 E-Filed 02/02/2024 12:31:41 PM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
VIRGINIA AVEDISIAN,
individually and on behalf of all those
similarly situated,
Plaintiff,
CLASS ACTION
v.
JURY TRIAL DEMANDED
TRUEACCORD CORP.,
Defendant.
_______________________________________/
CLASS ACTION COMPLAINT
Plaintiff Virginia Avedisian (“Plaintiff”), individually and on behalf of all those similarly
situated, sues Defendant TrueAccord Corp. (“Defendant”) for violations of the Fair Debt
Collection Practices Act (“FDCPA”) and the Florida Consumer Collection Practices Act
(FCCPA).
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 Defendants occurred within Palm Beach County, Florida.
3. The amount in controversy is greater than $50,0000, exclusive of costs, interest,
and attorneys’ fees, and is otherwise within this Court’s jurisdiction.
PAGE | 1 of 14
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FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 02/02/2024 12:31:41 PM
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 Palm Beach County, Florida.
PARTIES
5. Plaintiff is a natural person, and a citizen of the State of Florida, residing in Palm
Beach County, Florida.
6. Defendant is a Delaware corporation, with its principal place of business located in
Lenexa, Kansas.
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 a “consumer financial product or service” within the
meaning of 12 U.S.C. § 5481(5).
10. The Consumer Debt is an obligation allegedly had by Plaintiff to pay money arising
from a transaction between the creditor of the Consumer Debt, Defendant, and Plaintiff (the
“Subject Service”).
11. The Subject Service was primarily for personal, family, or household purposes.
12. According to Defendant’s website, Defendant is a full-service digital-first debt
collection agency.
13. A print-out of Defendant’s website is attached hereto as Exhibit “A.”
14. Defendant is a business entity engaged in the business of soliciting consumer debts
for collection.
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www.JibraelLaw.com
15. Defendant is a business entity engaged in the business of collecting consumer debts.
16. Defendant regularly collects or attempts to collect, directly or indirectly, debts
owed or due or asserted to be owed or due to another.
17. Defendant is a “debt collector” within the meaning of 15 U.S.C. § 1962a(6).
18. Defendant is a “person” within the meaning of Fla. Stat. § 559.72.
19. On November 28, 2023, Plaintiff notified Defendant in writing (the “Notice”) that:
[1] Plaintiff was represented by an attorney with respect to the Consumer Debt; [2] Plaintiff
revoked any consent Defendant has to communicate with Plaintiff directly; [3] Defendant was not
to contact Plaintiff directly; and [4] any correspondence should be sent to Plaintiff’s attorney.
20. The Notice read: “I am represented by Jennifer Simil. … Please do not contact me
again.”
21. Defendant received the Notice on November 28, 2023.
22. Attached as Exhibit “B” is the Notice.
23. Upon receipt of the Notice, Defendant knew that it could not communicate with
Plaintiff directly in connection with the collection of the Consumer Debt.
24. Upon receipt of the Notice, Defendant knew Plaintiff was represented by an
attorney with respect to the Consumer Debt.
25. Upon receipt of the Notice, Defendant knew it could not attempt to collect the
Consumer Debt from Plaintiff directly.
26. By and through the Notice, Defendant had knowledge of, or could readily ascertain,
the name of Plaintiff’s attorney and the address of Plaintiff’s attorney.
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LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540
www.JibraelLaw.com
27. On or about December 30, 2023, despite knowing that Plaintiff had revoked consent
to communicate with her and that Plaintiff was represented by an attorney, Defendant sent Plaintiff
an email (the “First Subject Communication”) in an attempt to collect the Consumer Debt.
28. Attached as Exhibit “C” is a copy of the First Subject Communication.
29. The First Subject Communication represents an action to collect a debt by
Defendant.
30. On or about January 6, 2024, despite knowing that Plaintiff had revoked consent to
communicate with her and that Plaintiff was represented by an attorney, Defendant sent Plaintiff
an email (the “Second Subject Communication”) in an attempt to collect the Consumer Debt.
31. Attached as Exhibit “D” is a copy of the Second Subject Communication.
32. The Second Subject Communication represents an action to collect a debt by
Defendant.
33. On or about January 9, 2024, despite knowing that Plaintiff had revoked consent to
communicate with her and that Plaintiff was represented by an attorney, Defendant sent Plaintiff
an email (the “Third Subject Communication”) in an attempt to collect the Consumer Debt.
34. Attached as Exhibit “E” is a copy of the Third Subject Communication.
35. The Third Subject Communication represents an action to collect a debt by
Defendant.
36. On or about January 13, 2024, despite knowing that Plaintiff had revoked consent
to communicate with her and that Plaintiff was represented by an attorney, Defendant sent Plaintiff
an email (the “Fourth Subject Communication”) in an attempt to collect the Consumer Debt.
37. Attached as Exhibit “F” is a copy of the Fourth Subject Communication.
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LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540
www.JibraelLaw.com
38. The Fourth Subject Communication represents an action to collect a debt by
Defendant.
39. On or about January 17, 2024, despite knowing that Plaintiff had revoked consent
to communicate with her and that Plaintiff was represented by an attorney, Defendant sent Plaintiff
an email (the “Fifth Subject Communication”) in an attempt to collect the Consumer Debt.
40. Attached as Exhibit “G” is a copy of the Fifth Subject Communication.
41. The Fifth Subject Communication represents an action to collect a debt by
Defendant.
42. On or about January 20, 2024, despite knowing that Plaintiff had revoked consent
to communicate with her and that Plaintiff was represented by an attorney, Defendant sent Plaintiff
an email (the “Sixth Subject Communication”) in an attempt to collect the Consumer Debt.
43. Attached as Exhibit “H” is a copy of the Sixth Subject Communication.
44. The Sixth Subject Communication represents an action to collect a debt by
Defendant.
45. The First Subject Communication, Second Subject Communication, Third Subject
Communication, Fourth Subject Communication, Fifth Subject Communication, and Sixth Subject
Communications are collectively referred to as (the “Subject Communications”).
46. The violative Subject Communications caused Plaintiff to suffer mental anguish,
emotional distress, embarrassment and shame, loss of enjoyment of life, depression, anxiety, loss
of appetite and energy, sleep disturbance and loss of sleep, loss of concentration, and fear of
potential legal action.
47. The wasted time and/or money spent in evaluating the legal ramifications of the
Subject Communications was a concrete harm suffered by Plaintiff. See Toste v. Beach Club at
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LAW OFFICES OF JIBRAEL S. HINDI, PLLC
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www.JibraelLaw.com
Fontainebleau Park Condo. Ass'n,, Aventura, P.A., 2022 U.S. App. LEXIS 25076 (11th Cir. Sept.
7, 2022).
CLASS ALLEGATIONS
PROPOSED CLASSES
48. Plaintiff brings this lawsuit as a class action on behalf of Plaintiff, individually and
on behalf of all other similarly situated persons as a class action. The “Classes” that Plaintiff seeks
to represent are the below-defined “FDCPA Ceasing Class,” “FDCPA Represented Party Class,”
and “FCCPA Represented Party Class.”
49. The “FDCPA Ceasing Class” consists of: [1] all consumers with Florida addresses
[2] that Defendant or someone on Defendant’s behalf [3] communicated with [4] in connection
with the collection of a consumer debt [5] after such consumers requested that Defendant cease
further communication with the consumers with respect to their consumer debt.
50. The “FDCPA Represented Party Class” consists of: [1] all consumers with
Florida addresses [2] that Defendant or someone on Defendant’s behalf [3] communicated with
[4] in connection with the collection of a consumer debt [5] after notice that such consumers were
represented by an attorney with respect to their consumer debt.
51. The “FCCPA Represented Party Class” consists of: [1] all persons with Florida
addresses [2] that Defendant or someone on Defendant’s behalf [3] communicated with [4] in
connection with the collection of a consumer debt [5] after notice that such persons were
represented by an attorney with respect to their consumer debt.
52. Defendant and its employees or agents are excluded from the Classes.
53. Plaintiff does not know the number of members in the Classes but believes the
members of the Classes members number in the several thousands, if not more.
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LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540
www.JibraelLaw.com
NUMEROSITY
54. Upon information and belief, Defendant has communicated with thousands of
Florida consumers after such consumers requested that Defendant cease further communication
with the consumers with respect to their consumer debts in violation of 15 U.S.C. § 1692c(c). The
members of the FDCPA Ceasing Class, therefore, are believed to be so numerous that joinder of
all members is impracticable.
55. Upon information and belief, Defendant has communicated with thousands of
Florida consumers after notice that such consumers were represented by an attorney in violation
of 15 U.S.C. § 1692c(a)(2). The members of the FDCPA Represented Party Class, therefore, are
believed to be so numerous that joinder of all members is impracticable.
56. Upon information and belief, Defendant has communicated with thousands of
Florida persons after notice that such persons were represented by an attorney in violation of Fla.
Stat. § 559.72(18). The members of the FCCPA Represented Party Class, therefore, are believed
to be so numerous that joinder of all members is impracticable.
57. The exact number and identities of the members of the Classes are unknown at this
time and can be ascertained only through discovery. Identification of the members of the Classes
is a matter capable of ministerial determination from Defendant’s e-mail records.
COMMON QUESTIONS OF LAW AND FACT
58. There are numerous questions of law and fact common to the FDCPA Ceasing
Class which predominate over any questions affecting only individual members of the FDCPA
Ceasing Class. Among the questions of law and fact common to the FDCPA Ceasing Class are:
[1] Whether Defendant communicated with Plaintiff and members of the FDCPA Ceasing Class
in connection with the collection of a consumer debt; [2] Whether Defendant sent such
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LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540
www.JibraelLaw.com
communications after such consumers requested that Defendant cease further communication with
the consumers with respect to their consumer debt; and [3] Whether Defendant should be enjoined
from such conduct in the future.
59. There are numerous questions of law and fact common to the FDCPA Represented
Party Class which predominate over any questions affecting only individual members of the
FDCPA Represented Party Class. Among the questions of law and fact common to the FDCPA
Represented Party Class are: [1] Whether Defendant communicated with Plaintiff and members of
the FDCPA Represented Party Class in connection with the collection of a consumer debt; [2]
Whether Defendant sent such communications after notice that such consumers were represented
by an attorney with respect to their consumer debt; and [3] Whether Defendant should be enjoined
from such conduct in the future.
60. There are numerous questions of law and fact common to the FCCPA Represented
Party Class which predominate over any questions affecting only individual members of the
FCCPA Represented Party Class. Among the questions of law and fact common to the FCCPA
Represented Party Class are: [1] Whether Defendant communicated with Plaintiff and members of
the FDCPA Represented Party Class in connection with the collection of a consumer debt; [2]
Whether Defendant sent such communications after notice that such persons were represented by
an attorney with respect to their consumer debt; and [3] Whether Defendant should be enjoined
from such conduct in the future.
61. The common questions in this case are capable of having common answers. If
Plaintiff’s claims that Defendant routinely communicates with consumers and persons in violation
of 15 U.S.C. § 1692c(c), 15 U.S.C. § 1692c(a)(2), Fla. Stat. § 559.72(18) are accurate, Plaintiff
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LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540
www.JibraelLaw.com
and members of the Classes will have identical claims capable of being efficiently adjudicated and
administered in this case.
TYPICALITY
62. Plaintiff’s claims are typical of the claims of the members of the Classes, as they
are all based on the same factual and legal theories.
PROTECTING THE INTERESTS OF THE CLASS MEMBERS
63. Plaintiff is a representative who will fully and adequately assert and protect the
interests of the Classes and has retained competent counsel. Accordingly, Plaintiff is an adequate
representative and will fairly and adequately protect the interests of the Classes.
SUPERIORITY
64. A class action is superior to all other available methods for the fair and efficient
adjudication of this lawsuit because individual litigation of the claims of all members of the Classes
is economically unfeasible and procedurally impracticable. While the aggregate damages sustained
by members of the Classes are in the millions of dollars, the individual damages incurred by each
member of the Classes resulting from Defendant’s wrongful conduct are too small to warrant the
expense of individual lawsuits. The likelihood of individual members of the Classes prosecuting
their own separate claims is remote, and, even if every member of the Classes could afford
individual litigation, the court system would be unduly burdened by individual litigation of such
cases.
65. The prosecution of separate actions by members of the Classes would create a risk
of establishing inconsistent rulings and/or incompatible standards of conduct for Defendant. For
example, one court might enjoin Defendant from performing the challenged acts, whereas another
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LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540
www.JibraelLaw.com
may not. Additionally, individual actions may be dispositive of the interests of the Classes,
although certain class members are not parties to such actions.
COUNT 1
VIOLATION OF 15 U.S.C. § 1692c(c)
66. Plaintiff, individually and on behalf of the FDCPA Ceasing Class, incorporates by
reference paragraphs 1-49, 52-54, 57-58, and 61-65 of this Class Action Complaint as though fully
stated herein.
67. Pursuant to 15 U.S.C. § 1692c(c), if a consumer notifies a debt collector “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” (emphasis
added).
68. On November 28, 2023, Plaintiff notified Defendant in writing (the “Notice”) that:
[1] Plaintiff was represented by an attorney with respect to the Consumer Debt; [2] Plaintiff
revoked any consent Defendant has to communicate with Plaintiff directly; [3] Defendant was not
to contact Plaintiff directly; and [4] any correspondence should be sent to Plaintiff’s attorney.
69. The Notice read: “I am represented by Jennifer Simil. … Please do not contact me
again.”
70. After the Notice, Defendant knew Plaintiff requested Defendant to cease
communication with Plaintiff.
71. Despite knowing this, Defendant communicated with Plaintiff six times from
December 30, 2023, to January 20, 2024, by and through the Subject Communications, in
connection with the collection of the Consumer Debt.
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LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540
www.JibraelLaw.com
72. Accordingly, Defendant violated 15 U.S.C. § 1692c(c) by communicating directly
with Plaintiff in connection with the collection of the Consumer Debt via the Subject
Communications.
73. WHEREFORE, Plaintiff, individually and on behalf of the FDCPA Ceasing Class
respectfully requests relief and judgment as follows:
(a) Determine that this action is a proper class action under the Florida Rules
of Civil Procedure;
(b) A declaration that Defendant’s conduct and/or practices described herein
violate 15 U.S.C. § 1692c(c);
(c) Actual and statutory damages as provided by 15 U.S.C. §1692k;
(d) Enjoin Defendant from future violations of 15 U.S.C. § 1692c(c) with
respect to Plaintiff and the FDCPA Ceasing Class;
(e) Award Plaintiff and members of the FDCPA Ceasing Class costs and
reasonable attorneys’ fees pursuant to 15 U.S.C. §1692k; and
(f) Any other relief that this Court deems appropriate under the circumstances.
COUNT 2
VIOLATION OF 15 U.S.C. § 1692c(a)(2)
74. Plaintiff, individually and on behalf of the FDCPA Represented Party Class,
incorporates by reference paragraphs 1-48, 50, 52-53, 55, 57, 59, 61-65 of this Class Action
Complaint as though fully stated herein.
75. Pursuant to 15 U.S.C. § 1692c(a)(2), without prior consent of the consumer given
directly to the debt collector, a debt collector may not communicate with a consumer in connection
with the collection of any debt: “if the debt collector knows the consumer is represented by an
attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s
name and address” (emphasis added).
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LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540
www.JibraelLaw.com
76. On November 28, 2023, Plaintiff notified Defendant in writing (the “Notice”) that:
[1] Plaintiff was represented by an attorney with respect to the Consumer Debt; [2] Plaintiff
revoked any consent Defendant has to communicate with Plaintiff directly; [3] Defendant was not
to contact Plaintiff directly; and [4] any correspondence should be sent to Plaintiff’s attorney.
77. In the Notice, Plaintiff provided Defendant with her attorney’s name. As such,
Plaintiff’s attorney's address was readily ascertainable.
78. Defendant knew Plaintiff was represented by an attorney with respect to the
Consumer Debt as of November 28, 2023. Despite knowing this, Defendant communicated and/or
contacted Plaintiff directly six times, by and through the Subject Communications, in connection
with the collection of the Consumer Debt.
79. Accordingly, Defendant violated 15 U.S.C. § 1692c(a)(2) by communicating
directly with Plaintiff in connection with the collection of the Consumer Debt via the Subject
Communications.
80. WHEREFORE, Plaintiff, individually and on behalf of the FDCPA Represented
Party Class, respectfully requests relief and judgment as follows:
(a) Determine that this action is a proper class action under the Florida Rules
of Civil Procedure;
(b) A declaration that Defendant’s conduct and/or practices described herein
violate 15 U.S.C. § 1692c(a)(2);
(c) Actual and statutory damages as provided by 15 U.S.C. §1692k;
(d) Enjoin Defendant from future violations of 15 U.S.C. § 1692c(a)(2) with
respect to Plaintiff and the FDCPA Represented Party Class;
(e) Award Plaintiff and members of the FDCPA Represented Party Class costs
and reasonable attorneys’ fees pursuant to 15 U.S.C. §1692k; and
(f) Any other relief that this Court deems appropriate under the circumstances.
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LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540
www.JibraelLaw.com
COUNT 3
VIOLATION OF FLA. STAT. § 559.72 (18)
81. Plaintiff, individually and on behalf of the FCCPA Represented Party Class,
incorporates by reference paragraphs 1-48, 51-53, 56-57, 60-65 of this Class Action Complaint.
82. Section 559.72, Fla. Stat., of the FCCPA contains nineteen subsections and
otherwise codifies an extensive list of acts and/or omissions that the FDCPA does not explicitly
prohibit. Accordingly, in collecting consumer debts, pursuant to the FCCPA no person shall:
“[c]ommunicate with a debtor if the person knows that the debtor is represented by an attorney
with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and
address. …” Fla. Stat. § 559.72 (18) (emphasis added).
83. On November 28, 2023, Plaintiff notified Defendant in writing (the “Notice”) that:
[1] Plaintiff was represented by an attorney with respect to the Consumer Debt; [2] Plaintiff
revoked any consent Defendant has to communicate with Plaintiff directly; [3] Defendant was not
to contact Plaintiff directly; and [4] any correspondence should be sent to Plaintiff’s attorney.
84. The Notice read: “I am represented by Jennifer Simil. … Please do not contact me
again.”
85. After the Notice, Defendant knew Plaintiff requested Defendant to cease
communication with Plaintiff.
86. Despite knowing this, Defendant communicated with Plaintiff six times from
December 30, 2023, to January 20, 2024, by and through the Subject Communications, in
connection with the collection of the Consumer Debt.
87. Accordingly, Defendant violated Fla. Stat. § 559.72(18) by communicating directly
with Plaintiff in connection with the collection of the Consumer Debt via the Subject
Communications.
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LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540
www.JibraelLaw.com
88. WHEREFORE, Plaintiff, individually and on behalf of the FCCPA Represented
Party Class respectfully requests relief and judgment as follows:
(a) Determine that this action is a proper class action under the Florida Rules of Civil
Procedure;
(b) A declaration that Defendant’s conduct and/or practices described herein violate
Fla. Stat. § 559.72(18);
(c) Actual and statutory damages as provided under Fla. Stat. § 559.77(2);
(d) Enjoin Defendant from future violations of Fla. Stat. § 559.72(18) with respect to
Plaintiff and the FCCPA Represented Class;
(e) Award Plaintiff and members of the FCCPA Represented Party Class costs and
reasonable attorneys’ fees pursuant to § 559.77(2); and
(f) Any other relief that this Court deems appropriate under the circumstances.
DATED: February 2, 2024
Respectfully Submitted,
/s/ Gerald D. Lane, Jr.
JIBRAEL S. HINDI, ESQ.
Florida Bar No.: 118259
E-mail: jibrael@jibraellaw.com
JENNIFER G. SIMIL, ESQ.
Florida Bar No.: 1018195
E-mail: jen@jibraellaw.com
GERALD D. LANE, JR., ESQ.
Florida Bar No.: 1044677
E-mail: gerald@jibraellaw.com
The Law Offices of Jibrael S. Hindi
110 SE 6th Street, Suite 1744
Fort Lauderdale, Florida 33301
Phone: 954-907-1136
COUNSEL FOR PLAINTIFF
PAGE | 14 of 14
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540
www.JibraelLaw.com
EXHIBIT “A”
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EXHIBIT “B”
From: Virginia Avedisian
Date: Tue. Nov 28, 2023 at 9:39 PM
Subject: Re: Your AT&T U-Verse account is now with TrueAccord
To:
Hello Susan.
I am represented by Jennifer Simil. Her phone number is 354-798-0068. Please do not contact me again.
Virginia Avedisian
On Thu. Nov 23. 2023 at 1:18 PM Susan Anderson wrote:
We want to work with you on this.
We have received your AT&T U-Verse account. Now what?
Hi Virginia,
You might be wondering what this means for you now that TrueAccord is collecting on behalf
of AT&T U-Verse.
You now have access to our convenient online tools, which includes the ability to sign up for
a payment plan to resolve your $75.96 balance.
Let's work together to rectify this.
VIEW AVAILABLE PLANS
Account information
TrueAccord Corp, account number:
REDACTE
Balance due: $75.96
Current creditor: AT&T U-Verse
AT&T U-Verse account ending in:
REDAC
This communication is from a debt collector. This is an attempt to collect a debt and any
information obtained will be used for that purpose. Nothing in this email changes your rights
as described in our initial communication.
Your TrueAccord account number is: 47-00-5499-96423
Unsubscribe Privacy Policy Dispute this debt
Need help? Call us at (888)969-4896 (TTY 711) between Monday - Friday. 8 AM - 8 PM ET
Copyright © 2023 TrueAccord Corp.
16011 College Blvd, Suite 130- Lenexa. KS 66219
We collect personal information to provide our services. We do not sell personal information.
Most of the information we have is provided to us by the current creditor and/or collected
directly through the use of our services, emails, web applications, and phone calls. For more
details on how we use, share, and delete personal information see our Privacy Policy.
EXHIBIT “C”
From: Susan Anderson
Date: Sat, Dec 30, 2023 at 12:06 PM
Subject: Virginia, your account update
To: Virginia Avedisian
This is an important update.
Virginia Avedisian,
You still have an outstanding balance of $75.96 with AT&T U-Verse.
Please review our options to resolve your account and get yourself closer to financial
freedom.
VIEW OPTIONS
This communication is from a debt collector. This is an attempt to collect a debt and any
information obtained will be used for that purpose.
YourTrueAccord account number is:
REDACTED
Unsubscribe Privacy Policy Dispute this debt
Need help? Call us at (866)611-2731 (TTY 711) between Monday - Friday, 8 AM - 8 PM ET
Copyright © 2023 TrueAccord Corp.
16011 College Blvd. Suite 130. Lenexa. KS 66219
■ UUNt t l
^a" eMw
We collect personal information to provide our services. We do not sell personal information.
Most of the information we have is provided to us by the current creditor and/or collected
directly through the use of our services, emails, web applications, and phone calls. For more
details on how we use. share, and delete personal information see our Privacy Policy.
EXHIBIT “D”
From: Susan Anderson
Date: Sat, Jan 6, 2024 at 2:05 PM
Subject: Resolve your AT&T U-Verse balance
To: Virginia Avedisian CVAVF.DISIAN 14tegmail.com>
Sei up a payment plan.
It's time to focus on your outstanding balance with AT&T U-Verse.
Hi Virginia,
We understand that times may be tough and we want to make your past due balance of
$75.96 easier to resolve.
Take a moment today to view your options on our website. You can pay quickly in full if you
are able to or even sign up for a payment plan that makes you feel comfortable.
We've got options that may work for you. Visit our website to learn more and select a plan.
Thank you for your attention to this important matter.
VISIT YOUR OPTIONS
This communication is from a debt collector. This is an attempt to collect a debt and any
information obtained will be used for that purpose.
YourTrueAccord account number is:
REDACTED
Unsubscribe Privacy Policy Dispute this debt
Need help? Call us at (866)611-2731 (TTY 711) between Monday - Friday, 8 AM - 8 PM ET
Copyright © 2024 TrueAccord Corp.
16011 College Blvd. Suite 130. Lenexa. KS 66219
We collect personal information to provide our services. We do not sell personal information.
Most of the information we have is provided to us by the current creditor and/or collected
directly through the use of our services, emails, web applications, and phone calls. For more
details on how we use, share, and delete personal information see our Privacy Policy.
EXHIBIT “E”
From: Susan Anderson
Date: Tue, Jan 9, 2024 at 5:58 PM
Subject: Virginia, don't let this opportunity run away from you
To: Virginia Avedisian
It's time!
Virginia Avedisian.
We hope by now you've had enough time to review our options and know which one you're
going to utilize to resolve your AT&T U-Verse balance of $75.96.
If not, use this opportunity to review our options and resolve your account today.
TAKE A LOOK
This communication is from a debt collector. This is an attempt to collect a debt and any
information obtained will be used for that purpose.
YourTrueAccord account number is:
REDACTED
Unsubscribe Privacy Policy Dispute this debt
Need help? Call us at (866)611-2731 (TTY 711) between Monday - Friday. 8 AM - 8 PM ET
Copyright © 2024 TrueAccord Corp.
16011 College Blvd. Suite 130. Lenexa. KS 66219
We collect personal information to provide our services. We do not sell personal information.
Most of the information we have is provided to us by the current creditor and/or collected
directly through the use of our services, emails, web applications, and phone calls. For more
details on how we use. share, and delete personal information see our Privacy Policy.
EXHIBIT “F”
From: Susan Anderson
Date: Sat. Jan 13. 2024 at 9:46 AM
Subject: A note on your AT&T U-Verse balance
To: Virginia Avedisian
We've been contacting you.
J
This email is a reminder to resolve your AT&T U-Verse balance.
Hi Virginia,
There's still time to take a step towards resolving your AT&T U-Verse balance.
Begin paying off your balance of $75.96 by selecting one of our customizable payment plans.
You can also reach out to us if you have any questions.
VISIT OUR WEBSITE
This communication is from a debt collector. This is an attempt to collect a debt and any
information obtained will be used for that purpose.
YourTrueAccord account number is:
REDACTED
Unsubscribe Privacy Policy Dispute this debt
Need help? Call us at (866)611-2731 (TTY 711) between Monday - Friday. 8 AM - 8 PM ET
Copyright © 2024 TrueAccord Corp.
16011 College Blvd. Suite 130. Lenexa. KS 66219
We collect personal information to provide our services. We do not sell personal information.
Most of the information we have is provided to us by the current creditor and/or collected
directly through the use of our services, emails, web applications, and phone calls. For more
details on how we use, share, and delete personal information see our Privacy Policy.
EXHIBIT “G”
From: Susan Anderson
Date: Wed. Jan 17,2024 at 8:09 AM
Subject: Virginia, we'd like to hear from you.
To: Virginia Avedisian
We're giving you options to resolve this balance
Hi Virginia,
We’re concerned that you haven't set up a payment plan to begin resolving this balance of
$75.96 owed to AT&T U-Verse.
We have flexible options available to help you pay this balance.
VIEW YOUR PAYMENT OPTIONS
Need assistance? Simply reply to this message.
If you would prefer to give us a call, our number is (866) 611-2731 (TTY 711). Our office is
open Monday - Friday, 8 AM - 8 PM ET.
This communication is from a debt collector. This is an attempt to collect a debt and any
information obtained will be used for that purpose.
Your TrueAccord a
Preview
**** CASE NUMBER: 502024CA001069XXXAMB Div: AF **** Filing # 191129474 E-Filed 02/02/2024 12:31:41 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA VIRGINIA AVEDISIAN, individually and on behalf of all those similarly situated, Plaintiff, CLASS ACTION v. JURY TRIAL DEMANDED TRUEACCORD CORP., Defendant. _______________________________________/ CLASS ACTION COMPLAINT Plaintiff Virginia Avedisian (“Plaintiff”), individually and on behalf of all those similarly situated, sues Defendant TrueAccord Corp. (“Defendant”) for violations of the Fair Debt Collection Practices Act (“FDCPA”) and the Florida Consumer Collection Practices Act (FCCPA). 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 Defendants occurred within Palm Beach County, Florida. 3. The amount in controversy is greater than $50,0000, exclusive of costs, interest, and attorneys’ fees, and is otherwise within this Court’s jurisdiction. PAGE | 1 of 14 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540 www.JibraelLaw.com FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 02/02/2024 12:31:41 PM 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 Palm Beach County, Florida. PARTIES 5. Plaintiff is a natural person, and a citizen of the State of Florida, residing in Palm Beach County, Florida. 6. Defendant is a Delaware corporation, with its principal place of business located in Lenexa, Kansas. 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 a “consumer financial product or service” within the meaning of 12 U.S.C. § 5481(5). 10. The Consumer Debt is an obligation allegedly had by Plaintiff to pay money arising from a transaction between the creditor of the Consumer Debt, Defendant, and Plaintiff (the “Subject Service”). 11. The Subject Service was primarily for personal, family, or household purposes. 12. According to Defendant’s website, Defendant is a full-service digital-first debt collection agency. 13. A print-out of Defendant’s website is attached hereto as Exhibit “A.” 14. Defendant is a business entity engaged in the business of soliciting consumer debts for collection. PAGE | 2 of 14 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540 www.JibraelLaw.com 15. Defendant is a business entity engaged in the business of collecting consumer debts. 16. Defendant regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due to another. 17. Defendant is a “debt collector” within the meaning of 15 U.S.C. § 1962a(6). 18. Defendant is a “person” within the meaning of Fla. Stat. § 559.72. 19. On November 28, 2023, Plaintiff notified Defendant in writing (the “Notice”) that: [1] Plaintiff was represented by an attorney with respect to the Consumer Debt; [2] Plaintiff revoked any consent Defendant has to communicate with Plaintiff directly; [3] Defendant was not to contact Plaintiff directly; and [4] any correspondence should be sent to Plaintiff’s attorney. 20. The Notice read: “I am represented by Jennifer Simil. … Please do not contact me again.” 21. Defendant received the Notice on November 28, 2023. 22. Attached as Exhibit “B” is the Notice. 23. Upon receipt of the Notice, Defendant knew that it could not communicate with Plaintiff directly in connection with the collection of the Consumer Debt. 24. Upon receipt of the Notice, Defendant knew Plaintiff was represented by an attorney with respect to the Consumer Debt. 25. Upon receipt of the Notice, Defendant knew it could not attempt to collect the Consumer Debt from Plaintiff directly. 26. By and through the Notice, Defendant had knowledge of, or could readily ascertain, the name of Plaintiff’s attorney and the address of Plaintiff’s attorney. PAGE | 3 of 14 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540 www.JibraelLaw.com 27. On or about December 30, 2023, despite knowing that Plaintiff had revoked consent to communicate with her and that Plaintiff was represented by an attorney, Defendant sent Plaintiff an email (the “First Subject Communication”) in an attempt to collect the Consumer Debt. 28. Attached as Exhibit “C” is a copy of the First Subject Communication. 29. The First Subject Communication represents an action to collect a debt by Defendant. 30. On or about January 6, 2024, despite knowing that Plaintiff had revoked consent to communicate with her and that Plaintiff was represented by an attorney, Defendant sent Plaintiff an email (the “Second Subject Communication”) in an attempt to collect the Consumer Debt. 31. Attached as Exhibit “D” is a copy of the Second Subject Communication. 32. The Second Subject Communication represents an action to collect a debt by Defendant. 33. On or about January 9, 2024, despite knowing that Plaintiff had revoked consent to communicate with her and that Plaintiff was represented by an attorney, Defendant sent Plaintiff an email (the “Third Subject Communication”) in an attempt to collect the Consumer Debt. 34. Attached as Exhibit “E” is a copy of the Third Subject Communication. 35. The Third Subject Communication represents an action to collect a debt by Defendant. 36. On or about January 13, 2024, despite knowing that Plaintiff had revoked consent to communicate with her and that Plaintiff was represented by an attorney, Defendant sent Plaintiff an email (the “Fourth Subject Communication”) in an attempt to collect the Consumer Debt. 37. Attached as Exhibit “F” is a copy of the Fourth Subject Communication. PAGE | 4 of 14 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540 www.JibraelLaw.com 38. The Fourth Subject Communication represents an action to collect a debt by Defendant. 39. On or about January 17, 2024, despite knowing that Plaintiff had revoked consent to communicate with her and that Plaintiff was represented by an attorney, Defendant sent Plaintiff an email (the “Fifth Subject Communication”) in an attempt to collect the Consumer Debt. 40. Attached as Exhibit “G” is a copy of the Fifth Subject Communication. 41. The Fifth Subject Communication represents an action to collect a debt by Defendant. 42. On or about January 20, 2024, despite knowing that Plaintiff had revoked consent to communicate with her and that Plaintiff was represented by an attorney, Defendant sent Plaintiff an email (the “Sixth Subject Communication”) in an attempt to collect the Consumer Debt. 43. Attached as Exhibit “H” is a copy of the Sixth Subject Communication. 44. The Sixth Subject Communication represents an action to collect a debt by Defendant. 45. The First Subject Communication, Second Subject Communication, Third Subject Communication, Fourth Subject Communication, Fifth Subject Communication, and Sixth Subject Communications are collectively referred to as (the “Subject Communications”). 46. The violative Subject Communications caused Plaintiff to suffer mental anguish, emotional distress, embarrassment and shame, loss of enjoyment of life, depression, anxiety, loss of appetite and energy, sleep disturbance and loss of sleep, loss of concentration, and fear of potential legal action. 47. The wasted time and/or money spent in evaluating the legal ramifications of the Subject Communications was a concrete harm suffered by Plaintiff. See Toste v. Beach Club at PAGE | 5 of 14 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540 www.JibraelLaw.com Fontainebleau Park Condo. Ass'n,, Aventura, P.A., 2022 U.S. App. LEXIS 25076 (11th Cir. Sept. 7, 2022). CLASS ALLEGATIONS PROPOSED CLASSES 48. Plaintiff brings this lawsuit as a class action on behalf of Plaintiff, individually and on behalf of all other similarly situated persons as a class action. The “Classes” that Plaintiff seeks to represent are the below-defined “FDCPA Ceasing Class,” “FDCPA Represented Party Class,” and “FCCPA Represented Party Class.” 49. The “FDCPA Ceasing Class” consists of: [1] all consumers with Florida addresses [2] that Defendant or someone on Defendant’s behalf [3] communicated with [4] in connection with the collection of a consumer debt [5] after such consumers requested that Defendant cease further communication with the consumers with respect to their consumer debt. 50. The “FDCPA Represented Party Class” consists of: [1] all consumers with Florida addresses [2] that Defendant or someone on Defendant’s behalf [3] communicated with [4] in connection with the collection of a consumer debt [5] after notice that such consumers were represented by an attorney with respect to their consumer debt. 51. The “FCCPA Represented Party Class” consists of: [1] all persons with Florida addresses [2] that Defendant or someone on Defendant’s behalf [3] communicated with [4] in connection with the collection of a consumer debt [5] after notice that such persons were represented by an attorney with respect to their consumer debt. 52. Defendant and its employees or agents are excluded from the Classes. 53. Plaintiff does not know the number of members in the Classes but believes the members of the Classes members number in the several thousands, if not more. PAGE | 6 of 14 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540 www.JibraelLaw.com NUMEROSITY 54. Upon information and belief, Defendant has communicated with thousands of Florida consumers after such consumers requested that Defendant cease further communication with the consumers with respect to their consumer debts in violation of 15 U.S.C. § 1692c(c). The members of the FDCPA Ceasing Class, therefore, are believed to be so numerous that joinder of all members is impracticable. 55. Upon information and belief, Defendant has communicated with thousands of Florida consumers after notice that such consumers were represented by an attorney in violation of 15 U.S.C. § 1692c(a)(2). The members of the FDCPA Represented Party Class, therefore, are believed to be so numerous that joinder of all members is impracticable. 56. Upon information and belief, Defendant has communicated with thousands of Florida persons after notice that such persons were represented by an attorney in violation of Fla. Stat. § 559.72(18). The members of the FCCPA Represented Party Class, therefore, are believed to be so numerous that joinder of all members is impracticable. 57. The exact number and identities of the members of the Classes are unknown at this time and can be ascertained only through discovery. Identification of the members of the Classes is a matter capable of ministerial determination from Defendant’s e-mail records. COMMON QUESTIONS OF LAW AND FACT 58. There are numerous questions of law and fact common to the FDCPA Ceasing Class which predominate over any questions affecting only individual members of the FDCPA Ceasing Class. Among the questions of law and fact common to the FDCPA Ceasing Class are: [1] Whether Defendant communicated with Plaintiff and members of the FDCPA Ceasing Class in connection with the collection of a consumer debt; [2] Whether Defendant sent such PAGE | 7 of 14 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540 www.JibraelLaw.com communications after such consumers requested that Defendant cease further communication with the consumers with respect to their consumer debt; and [3] Whether Defendant should be enjoined from such conduct in the future. 59. There are numerous questions of law and fact common to the FDCPA Represented Party Class which predominate over any questions affecting only individual members of the FDCPA Represented Party Class. Among the questions of law and fact common to the FDCPA Represented Party Class are: [1] Whether Defendant communicated with Plaintiff and members of the FDCPA Represented Party Class in connection with the collection of a consumer debt; [2] Whether Defendant sent such communications after notice that such consumers were represented by an attorney with respect to their consumer debt; and [3] Whether Defendant should be enjoined from such conduct in the future. 60. There are numerous questions of law and fact common to the FCCPA Represented Party Class which predominate over any questions affecting only individual members of the FCCPA Represented Party Class. Among the questions of law and fact common to the FCCPA Represented Party Class are: [1] Whether Defendant communicated with Plaintiff and members of the FDCPA Represented Party Class in connection with the collection of a consumer debt; [2] Whether Defendant sent such communications after notice that such persons were represented by an attorney with respect to their consumer debt; and [3] Whether Defendant should be enjoined from such conduct in the future. 61. The common questions in this case are capable of having common answers. If Plaintiff’s claims that Defendant routinely communicates with consumers and persons in violation of 15 U.S.C. § 1692c(c), 15 U.S.C. § 1692c(a)(2), Fla. Stat. § 559.72(18) are accurate, Plaintiff PAGE | 8 of 14 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540 www.JibraelLaw.com and members of the Classes will have identical claims capable of being efficiently adjudicated and administered in this case. TYPICALITY 62. Plaintiff’s claims are typical of the claims of the members of the Classes, as they are all based on the same factual and legal theories. PROTECTING THE INTERESTS OF THE CLASS MEMBERS 63. Plaintiff is a representative who will fully and adequately assert and protect the interests of the Classes and has retained competent counsel. Accordingly, Plaintiff is an adequate representative and will fairly and adequately protect the interests of the Classes. SUPERIORITY 64. A class action is superior to all other available methods for the fair and efficient adjudication of this lawsuit because individual litigation of the claims of all members of the Classes is economically unfeasible and procedurally impracticable. While the aggregate damages sustained by members of the Classes are in the millions of dollars, the individual damages incurred by each member of the Classes resulting from Defendant’s wrongful conduct are too small to warrant the expense of individual lawsuits. The likelihood of individual members of the Classes prosecuting their own separate claims is remote, and, even if every member of the Classes could afford individual litigation, the court system would be unduly burdened by individual litigation of such cases. 65. The prosecution of separate actions by members of the Classes would create a risk of establishing inconsistent rulings and/or incompatible standards of conduct for Defendant. For example, one court might enjoin Defendant from performing the challenged acts, whereas another PAGE | 9 of 14 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540 www.JibraelLaw.com may not. Additionally, individual actions may be dispositive of the interests of the Classes, although certain class members are not parties to such actions. COUNT 1 VIOLATION OF 15 U.S.C. § 1692c(c) 66. Plaintiff, individually and on behalf of the FDCPA Ceasing Class, incorporates by reference paragraphs 1-49, 52-54, 57-58, and 61-65 of this Class Action Complaint as though fully stated herein. 67. Pursuant to 15 U.S.C. § 1692c(c), if a consumer notifies a debt collector “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” (emphasis added). 68. On November 28, 2023, Plaintiff notified Defendant in writing (the “Notice”) that: [1] Plaintiff was represented by an attorney with respect to the Consumer Debt; [2] Plaintiff revoked any consent Defendant has to communicate with Plaintiff directly; [3] Defendant was not to contact Plaintiff directly; and [4] any correspondence should be sent to Plaintiff’s attorney. 69. The Notice read: “I am represented by Jennifer Simil. … Please do not contact me again.” 70. After the Notice, Defendant knew Plaintiff requested Defendant to cease communication with Plaintiff. 71. Despite knowing this, Defendant communicated with Plaintiff six times from December 30, 2023, to January 20, 2024, by and through the Subject Communications, in connection with the collection of the Consumer Debt. PAGE | 10 of 14 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540 www.JibraelLaw.com 72. Accordingly, Defendant violated 15 U.S.C. § 1692c(c) by communicating directly with Plaintiff in connection with the collection of the Consumer Debt via the Subject Communications. 73. WHEREFORE, Plaintiff, individually and on behalf of the FDCPA Ceasing Class respectfully requests relief and judgment as follows: (a) Determine that this action is a proper class action under the Florida Rules of Civil Procedure; (b) A declaration that Defendant’s conduct and/or practices described herein violate 15 U.S.C. § 1692c(c); (c) Actual and statutory damages as provided by 15 U.S.C. §1692k; (d) Enjoin Defendant from future violations of 15 U.S.C. § 1692c(c) with respect to Plaintiff and the FDCPA Ceasing Class; (e) Award Plaintiff and members of the FDCPA Ceasing Class costs and reasonable attorneys’ fees pursuant to 15 U.S.C. §1692k; and (f) Any other relief that this Court deems appropriate under the circumstances. COUNT 2 VIOLATION OF 15 U.S.C. § 1692c(a)(2) 74. Plaintiff, individually and on behalf of the FDCPA Represented Party Class, incorporates by reference paragraphs 1-48, 50, 52-53, 55, 57, 59, 61-65 of this Class Action Complaint as though fully stated herein. 75. Pursuant to 15 U.S.C. § 1692c(a)(2), without prior consent of the consumer given directly to the debt collector, a debt collector may not communicate with a consumer in connection with the collection of any debt: “if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address” (emphasis added). PAGE | 11 of 14 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540 www.JibraelLaw.com 76. On November 28, 2023, Plaintiff notified Defendant in writing (the “Notice”) that: [1] Plaintiff was represented by an attorney with respect to the Consumer Debt; [2] Plaintiff revoked any consent Defendant has to communicate with Plaintiff directly; [3] Defendant was not to contact Plaintiff directly; and [4] any correspondence should be sent to Plaintiff’s attorney. 77. In the Notice, Plaintiff provided Defendant with her attorney’s name. As such, Plaintiff’s attorney's address was readily ascertainable. 78. Defendant knew Plaintiff was represented by an attorney with respect to the Consumer Debt as of November 28, 2023. Despite knowing this, Defendant communicated and/or contacted Plaintiff directly six times, by and through the Subject Communications, in connection with the collection of the Consumer Debt. 79. Accordingly, Defendant violated 15 U.S.C. § 1692c(a)(2) by communicating directly with Plaintiff in connection with the collection of the Consumer Debt via the Subject Communications. 80. WHEREFORE, Plaintiff, individually and on behalf of the FDCPA Represented Party Class, respectfully requests relief and judgment as follows: (a) Determine that this action is a proper class action under the Florida Rules of Civil Procedure; (b) A declaration that Defendant’s conduct and/or practices described herein violate 15 U.S.C. § 1692c(a)(2); (c) Actual and statutory damages as provided by 15 U.S.C. §1692k; (d) Enjoin Defendant from future violations of 15 U.S.C. § 1692c(a)(2) with respect to Plaintiff and the FDCPA Represented Party Class; (e) Award Plaintiff and members of the FDCPA Represented Party Class costs and reasonable attorneys’ fees pursuant to 15 U.S.C. §1692k; and (f) Any other relief that this Court deems appropriate under the circumstances. PAGE | 12 of 14 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540 www.JibraelLaw.com COUNT 3 VIOLATION OF FLA. STAT. § 559.72 (18) 81. Plaintiff, individually and on behalf of the FCCPA Represented Party Class, incorporates by reference paragraphs 1-48, 51-53, 56-57, 60-65 of this Class Action Complaint. 82. Section 559.72, Fla. Stat., of the FCCPA contains nineteen subsections and otherwise codifies an extensive list of acts and/or omissions that the FDCPA does not explicitly prohibit. Accordingly, in collecting consumer debts, pursuant to the FCCPA no person shall: “[c]ommunicate with a debtor if the person knows that the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address. …” Fla. Stat. § 559.72 (18) (emphasis added). 83. On November 28, 2023, Plaintiff notified Defendant in writing (the “Notice”) that: [1] Plaintiff was represented by an attorney with respect to the Consumer Debt; [2] Plaintiff revoked any consent Defendant has to communicate with Plaintiff directly; [3] Defendant was not to contact Plaintiff directly; and [4] any correspondence should be sent to Plaintiff’s attorney. 84. The Notice read: “I am represented by Jennifer Simil. … Please do not contact me again.” 85. After the Notice, Defendant knew Plaintiff requested Defendant to cease communication with Plaintiff. 86. Despite knowing this, Defendant communicated with Plaintiff six times from December 30, 2023, to January 20, 2024, by and through the Subject Communications, in connection with the collection of the Consumer Debt. 87. Accordingly, Defendant violated Fla. Stat. § 559.72(18) by communicating directly with Plaintiff in connection with the collection of the Consumer Debt via the Subject Communications. PAGE | 13 of 14 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540 www.JibraelLaw.com 88. WHEREFORE, Plaintiff, individually and on behalf of the FCCPA Represented Party Class respectfully requests relief and judgment as follows: (a) Determine that this action is a proper class action under the Florida Rules of Civil Procedure; (b) A declaration that Defendant’s conduct and/or practices described herein violate Fla. Stat. § 559.72(18); (c) Actual and statutory damages as provided under Fla. Stat. § 559.77(2); (d) Enjoin Defendant from future violations of Fla. Stat. § 559.72(18) with respect to Plaintiff and the FCCPA Represented Class; (e) Award Plaintiff and members of the FCCPA Represented Party Class costs and reasonable attorneys’ fees pursuant to § 559.77(2); and (f) Any other relief that this Court deems appropriate under the circumstances. DATED: February 2, 2024 Respectfully Submitted, /s/ Gerald D. Lane, Jr. JIBRAEL S. HINDI, ESQ. Florida Bar No.: 118259 E-mail: jibrael@jibraellaw.com JENNIFER G. SIMIL, ESQ. Florida Bar No.: 1018195 E-mail: jen@jibraellaw.com GERALD D. LANE, JR., ESQ. Florida Bar No.: 1044677 E-mail: gerald@jibraellaw.com The Law Offices of Jibrael S. Hindi 110 SE 6th Street, Suite 1744 Fort Lauderdale, Florida 33301 Phone: 954-907-1136 COUNSEL FOR PLAINTIFF PAGE | 14 of 14 LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, 17th Floor | Ft. Lauderdale, Florida 33301 | Phone (954) 907-1136 | Fax (855) 529-9540 www.JibraelLaw.com EXHIBIT “A” Ci True Accord Product Compliance Resources How II Works Collections Compliance Resou ices I rue Accord is a full-service digital- Late Stage Collections Information & II Security Collections & Compliance first debt collection agency. Patents Licensing Compliance Press Blog F^R/DSS Nevada License: CADI 1758 Assessment OO© 1 % ««wiun API Docs Nevada Compliance Manager Certificate Identification: CM12809 RMA Certified Contacts RMA Request a Demo Terms of Service | SMS Terms of Service | Privacy Policy O?2T — Mostly cloudy Q Search llaT % |_ 'J 6 D B B fl r. IMtM 2/V2O24 EXHIBIT “B” From: Virginia Avedisian Date: Tue. Nov 28, 2023 at 9:39 PM Subject: Re: Your AT&T U-Verse account is now with TrueAccord To: Hello Susan. I am represented by Jennifer Simil. Her phone number is 354-798-0068. Please do not contact me again. Virginia Avedisian On Thu. Nov 23. 2023 at 1:18 PM Susan Anderson wrote: We want to work with you on this. We have received your AT&T U-Verse account. Now what? Hi Virginia, You might be wondering what this means for you now that TrueAccord is collecting on behalf of AT&T U-Verse. You now have access to our convenient online tools, which includes the ability to sign up for a payment plan to resolve your $75.96 balance. Let's work together to rectify this. VIEW AVAILABLE PLANS Account information TrueAccord Corp, account number: REDACTE Balance due: $75.96 Current creditor: AT&T U-Verse AT&T U-Verse account ending in: REDAC This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Nothing in this email changes your rights as described in our initial communication. Your TrueAccord account number is: 47-00-5499-96423 Unsubscribe Privacy Policy Dispute this debt Need help? Call us at (888)969-4896 (TTY 711) between Monday - Friday. 8 AM - 8 PM ET Copyright © 2023 TrueAccord Corp. 16011 College Blvd, Suite 130- Lenexa. KS 66219 We collect personal information to provide our services. We do not sell personal information. Most of the information we have is provided to us by the current creditor and/or collected directly through the use of our services, emails, web applications, and phone calls. For more details on how we use, share, and delete personal information see our Privacy Policy. EXHIBIT “C” From: Susan Anderson Date: Sat, Dec 30, 2023 at 12:06 PM Subject: Virginia, your account update To: Virginia Avedisian This is an important update. Virginia Avedisian, You still have an outstanding balance of $75.96 with AT&T U-Verse. Please review our options to resolve your account and get yourself closer to financial freedom. VIEW OPTIONS This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. YourTrueAccord account number is: REDACTED Unsubscribe Privacy Policy Dispute this debt Need help? Call us at (866)611-2731 (TTY 711) between Monday - Friday, 8 AM - 8 PM ET Copyright © 2023 TrueAccord Corp. 16011 College Blvd. Suite 130. Lenexa. KS 66219 ■ UUNt t l ^a" eMw We collect personal information to provide our services. We do not sell personal information. Most of the information we have is provided to us by the current creditor and/or collected directly through the use of our services, emails, web applications, and phone calls. For more details on how we use. share, and delete personal information see our Privacy Policy. EXHIBIT “D” From: Susan Anderson Date: Sat, Jan 6, 2024 at 2:05 PM Subject: Resolve your AT&T U-Verse balance To: Virginia Avedisian CVAVF.DISIAN 14tegmail.com> Sei up a payment plan. It's time to focus on your outstanding balance with AT&T U-Verse. Hi Virginia, We understand that times may be tough and we want to make your past due balance of $75.96 easier to resolve. Take a moment today to view your options on our website. You can pay quickly in full if you are able to or even sign up for a payment plan that makes you feel comfortable. We've got options that may work for you. Visit our website to learn more and select a plan. Thank you for your attention to this important matter. VISIT YOUR OPTIONS This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. YourTrueAccord account number is: REDACTED Unsubscribe Privacy Policy Dispute this debt Need help? Call us at (866)611-2731 (TTY 711) between Monday - Friday, 8 AM - 8 PM ET Copyright © 2024 TrueAccord Corp. 16011 College Blvd. Suite 130. Lenexa. KS 66219 We collect personal information to provide our services. We do not sell personal information. Most of the information we have is provided to us by the current creditor and/or collected directly through the use of our services, emails, web applications, and phone calls. For more details on how we use, share, and delete personal information see our Privacy Policy. EXHIBIT “E” From: Susan Anderson Date: Tue, Jan 9, 2024 at 5:58 PM Subject: Virginia, don't let this opportunity run away from you To: Virginia Avedisian It's time! Virginia Avedisian. We hope by now you've had enough time to review our options and know which one you're going to utilize to resolve your AT&T U-Verse balance of $75.96. If not, use this opportunity to review our options and resolve your account today. TAKE A LOOK This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. YourTrueAccord account number is: REDACTED Unsubscribe Privacy Policy Dispute this debt Need help? Call us at (866)611-2731 (TTY 711) between Monday - Friday. 8 AM - 8 PM ET Copyright © 2024 TrueAccord Corp. 16011 College Blvd. Suite 130. Lenexa. KS 66219 We collect personal information to provide our services. We do not sell personal information. Most of the information we have is provided to us by the current creditor and/or collected directly through the use of our services, emails, web applications, and phone calls. For more details on how we use. share, and delete personal information see our Privacy Policy. EXHIBIT “F” From: Susan Anderson Date: Sat. Jan 13. 2024 at 9:46 AM Subject: A note on your AT&T U-Verse balance To: Virginia Avedisian We've been contacting you. J This email is a reminder to resolve your AT&T U-Verse balance. Hi Virginia, There's still time to take a step towards resolving your AT&T U-Verse balance. Begin paying off your balance of $75.96 by selecting one of our customizable payment plans. You can also reach out to us if you have any questions. VISIT OUR WEBSITE This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. YourTrueAccord account number is: REDACTED Unsubscribe Privacy Policy Dispute this debt Need help? Call us at (866)611-2731 (TTY 711) between Monday - Friday. 8 AM - 8 PM ET Copyright © 2024 TrueAccord Corp. 16011 College Blvd. Suite 130. Lenexa. KS 66219 We collect personal information to provide our services. We do not sell personal information. Most of the information we have is provided to us by the current creditor and/or collected directly through the use of our services, emails, web applications, and phone calls. For more details on how we use, share, and delete personal information see our Privacy Policy. EXHIBIT “G” From: Susan Anderson Date: Wed. Jan 17,2024 at 8:09 AM Subject: Virginia, we'd like to hear from you. To: Virginia Avedisian We're giving you options to resolve this balance Hi Virginia, We’re concerned that you haven't set up a payment plan to begin resolving this balance of $75.96 owed to AT&T U-Verse. We have flexible options available to help you pay this balance. VIEW YOUR PAYMENT OPTIONS Need assistance? Simply reply to this message. If you would prefer to give us a call, our number is (866) 611-2731 (TTY 711). Our office is open Monday - Friday, 8 AM - 8 PM ET. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Your TrueAccord a