herrera v cbnc chase receivables class action fdcpa

8/12/2019 Herrera v CBNC Chase Receivables Class Action FDCPA

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Case3:13-cv-00090-SI Document1 Filed01/08/13 Page1 of 8

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J 2728

SEAN P. IS SBN 184044)[email protected]

FILEZDIJ JAN -8 A f: 2

DELSON MCGUIR P30021 oms Sree, Suie 300ncho Sn Mrgri, CA 2688Telephone 4) 45-2124

JAY EDESN*[email protected] S BAABANIAN*rblbnin@delsoncomBEJAIN H ICHAN*brichnedelson.comCHRISTOPHE DE*[email protected] MCGI C350 Norh Slle Sree, Suie 300Chicgo, I 60654Telephone: 312) 58-6370

*pro hac vice pplicion o be led

[Addiionl counsel ppering on signure pge]

Counsel for Plaint and the putative class

UNITED STATES DSTRCT COURTNORTHE DSTCT OF CALFORNA

JAVIER HERER, individully nd on

behlf of ll ohers similrly siued, 09Plaint CASS ACTON CMPANTv.

CREDIT BUREAU OF NAPA COUTY,INC., Clii corporion,

De endant


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CASS ACTON OMPANT AND JUY DMAN

2 Plini Jvier Herrerbrings his clss ioncomplin gins Dendn Credi Bureu

3 of Np Couny, Inc, o sop Dendns prcice of mking unsolicied phone clls o he

4 cellul elephones of consumers nionide, nd o obin redress r ll persons injured by is

5 conduc Plinif r his clss cion compli, lleges s llos upon pesonl knoledge s o

6 himself nd his on cs nd experiences, nd, s o ll oher mers, upon inrmion nd belie

7 including invesigion conduced by his oeys

8 NATURE OF T ACTON

. Dendn Credi Bueu of Np Coun, Inc is deb collecor orking in

0 conjunion ih such compnies s Verizon Wireless.

2. In is collecion efrts, Dendn engges in unll nd unir deb collecion

2 prcices, including hrssing consumers ih excessive nd verblly bsive elephone clls ll

3 hours of he dy.

4 3. Dendn repeedly mde or direced o be de on is behl unsolicied

5 elephone clls o Plinifs nd he oher puive Clss members cellulr elephones in violion

6 of he elephone Consumer Proecion Ac, 47 USC. 227, et seq "CPA).7 4 Neiher lini Herer, nor he oher mebers of he proposed Clss, ever

8 provided e cellulr elephone numbers on hich hey received cls o Dend r ny

19 purpose, nor did hey consen o hve Dendn mke clls o hose elephone numbers.

20 5. By king he elephone clls issue in is Complin, Dendn cused

2 Plini nd he members of he Clss cul hm, including he ggrvion nd nuisnce h

22 necessrily ccompnies he receip of unsolicied nd hssing elephone clls, nd he monies

23 pid o heir ireless criers r he receip of such elephone clls.

24 6 he CPA s enced o proec consumers om unsolicied pone cls excly

25 like hose lleged in his cse. Dendn mde hese clls despie he c h neiher Plini

26 Herrer, nor he oher members of he puive Clss, ever provided heir cellur elephoe

27 numbers o Dendn or ny oher reled hird prty r y pupose reled o he underlying

28 deb o rnscion, nd never provided Dendn consen o be clled on heir cellulr elephones.

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1 7. In response o Dendants unlal conduct, Plainti led the instant lasuit and

2 seeks an injunction reqring Defndantto cease all unsolicited telephone callig activities and an

3 awardof statutory damages tothe members ofthe Class under the TCPA, together ithcosts and

4 reasonable attoreys es.

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PARTES

Plainti Javier Herrera is a natural person and citizen of the State of Caliia

Dendant Cedit Bureau ofapa County, Inc. (d/b/a "Case Receivables) is a

8 corporation organizedand existingunder the laws of theState of Caliia ith its principalplace

of business located at 1247 Broadway, Sonoma, Caliia 5476 Credit Bureau of Napa County

10 does business throughout the United States, the State of Caliia and in this District.

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JUSDCTON AND VENUE

This Cour has deral question subject matter jurisdiction under 28 U.S.. 33,

3 as he action arises under the Telephone Consumer Protection ct, 47 .S.. 227 et seq, whch

14 is a deral statute.

15 11 The Court has personal jurisdiction over Dendant and venue is proper in this

16 District ecause Dendant transacts signicant amounts of business wthi this District incluing17 making teephone calls to consumers located in this District and because Denat is

18 headquartered in this District.

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COMMON FACTUA AEGATONS

12 Dendant placed and continues to place repeated an harassing phone calls to

21 consumers who allegedly owe a debt held by Dendant, or held by a third part o whose behalf

22 Dendant is acting (such as Verizon Wireless), and wo never provided the number called to

23 Dendant or Defendants business partners. Instead, Deedant acquires phone nubes throug

24 various means such as "skip tracing or "number trapping.

25 3. Dendant has placed calls r the purpose of debt collection to tens of thousands of

26 consumers in the past ur years

27 14 t the time Plainti purchased a cellular telephone om Verizon Wireless, he did

28 not provide Verizon ith any other telephone number other than the number belonging to his

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1 puchased phone.

2 15. Since that tie, Painti has puchased a new ceua teephone with a new

3 telephone nume.

4 16. Hoeve, stating in o aound Octoe 202, Dendant, in an eot to coect an

5 aeged det stemmingom his oigina puchase of a ceua phone om Veizon, epeatedy

6 made haassing teephone cas to his new ceua teephone nue. Dendant made and

7 coninues to make these unauthoize and haassing teephone as to Paitif as oen as once a

8 day

9 17. The cals eceived y Painti ae om the phone nume 80) 622-0484, and

0 apea on aintifs cae ID as "Chase Receivaes, Dendants d//a.

11 18. Painti neve povided his new teephone nume to Dendant o Veizon

12 Wieess, neve consented to eceive teephone cas om Dendant at that nume, did not

3 povide that teephone nume at the time of his oigina ceua teephone pucase, ad did not

14 povide that eephone ume to Dendant o Veizon Wieess in any othe capacity.

15 9. The cas Painti eceived wee made using equient that had the caacity t

16 stoe o poduce teephone numes to e caed using a andom o sequentia nume geneto,17 and to dia such numes. dditionay, Dendants cas utiized inteacive voice ecognition

18 techoogy, aso known as a pedictive diae, in which cas ae paced y a machine, and hen a

9 consume answes the phone, thee is a noticeae pause pio to eing conected to a ive

20 epesentative of Dendant. This technoogy, n inmation ad eief, dias sevea numes

21 simultaneousy and connects the ca to ony those who answe st.

22 20. Dendant was and is awae that the aove descied teephone cas wee and ae

23 eing made to consumes without those consumes pio expess consent.

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CASS AEATONS

Painti ings this action pusuan to Fedea Rue of Civi cedue 23)2) ad

26 23)3) on ehaf of himsef and a cass the "Cass) dened as ows:

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ll individuals in the United States ho receied a telephone call, made by or onbehalf of Defendant, on a cellular telepone number that the call recipient did notprovide directly to Dendant or a third party leder, creditor, or retailer at the timehe or she allegedly incurrd the debt underlyig the elehone call.

22. umerosity: he exact number of Class members is unnon and not available to

4 Plainti at thistime, but it is clearthat individual joinder is impracticable. On inrmation and

5 belie endant has made telephone calls to tens of thousands of consumers ho ll into the

6 denitio of the Class. Class embers can be identied through Dendant's records.

7 23 Typicalit Plaintifs claims are typical of the claims of other embers of te

8 Class, in hat lainti and the Class members sustained damags arising out of Dendant's

9 unirm rongl conduct and unsolicited telephone calls

0 24. Adequate Representation Plainti ill irly and adequately represent and

protect the interests of the Class, and has etained counsel competent and experienced i complex

2 class actios. Plainti has no interest antagonistic to those of the Class, and Dedant has no

3 denses unique to Plainti

4 25 Commonality and Predominance here are many questions of la and ct

5 common to the claims of Plainti and the Class, and those questios predominate over ay

6 questions that may aect individual members of the Class. Common questions r the Class7 incude, but are not necessarily limited to the lloing

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(a)

(b)

(c)

(d)

hether Dedat's conduct constitutes a violation of the CP

hether the equipment Dendant used to make the telephone calls in

question as an automatic telephone dialing system as conteplated by the

CP

hether Dendant sstematically made telephone calls to persons ho did

not previously provide Dendant ith their prior express consent to receive

such telephone calls

hether Class members are entitled to treble damages based on the

illlness of Dendant's conduct.

Superiority his case is also appopriate r class certication because lass

28 proceedings are superior to all other available metods r the ir and ecient adjudication o

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tis ontroversy beause joiner of all paties is impratiabe. he amages suere by te

2 iniviual memers of the Class will likel be relatively small, espeiall given the buren an

3 expense of iniviual proseution of te omplex litigation neessitate by Denants ations

4 Tus, it woul be virtually impossible rte iniviual members of the Class tobtain eetive

5 relief o Denants misonut Even if members of te Class oul sustain su iniviual

6 litigation, it woul still not be prerable to a lass ation, beause iniviual litigation woul

7 inrease the ela an expense to all parties ue to te omplex legal an tual ontrovesies

8 presente in this Complaint By ontrast, a lass ation presents r wer manaement ifulties

9 an provies the benets of single ajuiation, eonomy of sale, an omrehensive supervision

10 by a single Court. Eonomies of time, eort an expense will be stere an unirmity o

11 eisions ensure

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COUN Violatio of the CP A, 7 U.SC 227

(O behalf of Paiti ad the Class)

27. Plainti inorporates by rerene the regoing allegations as if lly set rh

erein.

28 Denant an/or its agents mae unsoliite telephone alls to ellular telepone

numbers elonging to Plainti an the oter embers of the Class witout thei prior express

onsent to reeive su alls.

29. Denant mae te telephone alls, o a them mae on its beal sing

equipent ta ha the apaity to store or proue telepone umbers to be alle using a ranom

or sequential number generator, an to ial su numbers

30. Denant an its agents utilize equipent tat mae, or a mae on its behalf,

te telepone alls to Plainti an oter members of te Class siultaneously an without uman

intervention.

31. By making, or having ae on its behalf, te unsoliite telephone alls to Plainti

an the Classs ellular telepones without pror express onsent, an by utilizing an automati

telephone ialing system, Denant as violate 47 US.C. 227(b)()()(iii).

32 s a result of Denants unlawl onut, Plainti an the ebers of te Class

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1 sured actual damages in the rm f monies paidt receivethe unsolicited telehone calls on

2 their cellularphoes ad uder sectio 227(b)(3)(B)are each etitled to inter alia, a mimum of

3 $500.00 i damages r each such violatio of the TCPA

4 33. Shoul the Court dermie that Dedat's coduct was willl ad kowig the

5 Court may pursuat to sectio 227()(3)(C) treble the aout of statutory daages recoverable

by Plaiti ad the other members of the Class.

7 RYER FOR EF

HEFORE Plaiti avier Herrera idividually ad o behalf of the Class prays r

9 the llowig relief

10 1. A order certifyig the Class as deed above appoitig Plaiti avir Herrera

11 as the represetative of the Class a appoitig his cousel as Class Cousel;

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A award of actual ad statutory damages;

13 A ijuctio requirig Dedat to cease all usolicited telephoe callig

14 activities ad otherwise protectig the iterests of te Class;

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4. A award of reasoable attoeys es ad costs; ad

5.

Such other ad rther relief that the Court deems reasoable ad just17 RY DEMAND

1 Plaiti requests a trial by jury of all clais that ca be so ried

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21Dated auary 7 2013

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24SEAN P REIS (SBN 14044)

25 sreisedelscmDELSON McGUIR LLP

30021 Tomas Street Suite 300Racho Sata Margarita CA 92

27 Telephoe (949) 4592124

2

Respectlly submitted

DLSON MCGUIR LLP

By /s/ Sea P ReisOe of his Attoreys

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Y EDLSON*1 jedelson@edelson o

RFEY S BLBNIN*2 rbalabanian@edelsono

BNJN H RCHMN*

3 biha@edelsnoCHRSTOPHER DOR*4 doreedelsono

DESN MG LLC5 350 North LaSalle Street Suite 1300

Chiago IL 606546 Telephone: (312) 589-6370

7 D FRNK DVIS*fdavis@davisnoiso

8 JOH E NORRS*jnorrisdavisnorriso

9 D & N LLP

The Badshaw House10 2154 Highland vene SouthBiringha L 35205

11 Telephone: (205) 930-9900

12 * hac vice appliation to be led

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herrera v cbnc chase receivables class action fdcpa

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