Eric Olsen, Oregon Bar No. 783261 Of Attorneys for Plaintiff
OlsenDaines, PC
9415 SE Stark St., Suite 207 Portland, Oregon 97216
Email: mfuller@olsendaines.com Office: (503) 274-4252
Fax: (503) 362-1375 Cell: (503) 201-4570
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
CAROLYN HAMMETT,
Plaintiff,
v. COMCAST CORP., a Pennsylvania corporation, COMCAST CABLE
COMMUNICATIONS, LLC, a yet unknown entity, COMCAST CABLE
COMMUNICATIONS, INC., a yet unknown entity, and DOES 1-50.
Defendants.
Case No. 3:13-cv-77
COMPLAINT FOR VIOLATIONS OF THE OREGON UNLAWFUL DEBT COLLECTION PRACTICES ACT JURY TRIAL DEMANDED
ORS 646.639 et seq.
/ / / / / / / / /
Carolyn Hammett (“plaintiff”) alleges that at all times material: 2.
JURISDICTION AND THE PARTIES
This is a civil action brought under the Oregon Unlawful Debt Collection Practices Act (“OUDCPA”), ORS 646.639 et seq.
3.
This Court has jurisdiction pursuant to 28 U.S.C. § 1332 because true diversity exists between the parties and the amount in controversy requirement is met.
4.
Venue is proper in this district because the majority of the transactions and collections occurred here, plaintiff resides here, and defendant conducts business here.
5.
Plaintiff resided in Clackamas County, Oregon during all times material and is a “person” and a “consumer” as defined by the OUDCPA at ORS 646.639(1)(h) and (a).
6.
Defendant Comcast Corp., also possibly doing business as Comcast Cable
Communications, LLC and Comcast Cable Communications, Inc. (collectively as “Comcast”) is a Pennsylvania corporation.
7.
As such, Comcast is a “person” as defined by the OUDCPA at ORS 646.639(1)(h). 9.
Comcast entered into a consumer agreement with plaintiff, resulting in an alleged “debt” as defined by the OUDCPA at ORS 646.639(1)(e).
10.
Comcast regularly collects its consumer debts, directly and indirectly, and is a “debt collector” as defined by the OUDCPA at ORS 646.639(1)(g).
11.
Enhanced Recovery Company, Convergent Outsourcing Inc., and ER Solutions, Inc. are Comcast’s debt collectors (collectively referred to as “debt collectors”).
12.
Comcast and its debt collectors share a principal-agent relationship. 13.
For the purposes of the allegations in this complaint, Comcast and its debt collectors worked in partnership in an ongoing venture with a shared economic interest in collecting debt from plaintiff.
14.
Any wrongdoing committed by Comcast’s debt collectors against plaintiff was in furtherance of their principal-agent relationship with Comcast and in furtherance of Comcast’s economic interests.
Comcast is vicariously liable for the wrongdoing committed by its debt collectors against plaintiff.
16.
Plaintiff does not yet know the true names and capacities of defendants named Comcast Cable Communications, LLC, Comcast Cable Communications, Inc., or Does 1-50. Plaintiff intends to amend the complaint to allege such names and capacities when known. Upon
information and belief, each unknown or fictitiously named defendant acted in concert with one another with knowledge of one another.
/ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /
FACTUAL ALLEGATIONS
Plaintiff is a 67 year old woman living alone in Clackamas County, Oregon. 18.
She suffers stage-four cancer.
19.
The cancer is in her lungs and cannot be operated on. 20.
In 2009 her doctor told her he didn’t expect her to live more than a year. 21.
Her remaining time on Earth is very precious. 22.
In 2011 she canceled her consumer household communications services with Comcast. 23.
She immediately returned her Comcast equipment after canceling her services. 24.
Shortly after canceling her service, Comcast began harassing her to collect debt, at least a portion of which she did not owe.
25.
She retained an attorney to represent her with regard to her debts. / / /
In or around October 2011 she informed Comcast she retained an attorney to file bankruptcy.
27.
She provided Comcast contact information for her attorney and advised Comcast to contact her attorney with any questions.
28.
She asked Comcast to stop calling her home phone number. 29.
Despite her attempts to refer collections to her attorney, Comcast persists in harassing her at home.
30.
Comcast, directly and through its various debt collectors, continues to harass her in an attempt to collect a debt, at least a portion of which she does not owe.
31.
She informs Comcast and its various debt collectors that she disputes the debt. 32.
She informs Comcast and its various debt collectors that she is represented by an attorney.
33.
She tells Comcast and its various debt collectors that she wishes for the harassment to stop.
35.
The harassment won’t stop, leaving her no choice but to file this lawsuit for fair and just compensation.
36.
As a direct and proximate result of Comcast’s malicious and unlawful debt collection and harassment, she suffers severe ongoing anxiety of future harassment, annoyance, frustration, and other negative emotions to be proved at trial.
37.
As a direct and proximate result of Comcast’s malicious and unlawful debt collection and harassment, she suffers actual damages in the form of time spent and attorneys fees and costs.
38. She is entitled to and so demands a trial by jury. / / /
/ / / / / / / / / / / / / / /
CAUSES OF ACTION FIRST CLAIM FOR RELIEF
(OUDCPA) (ORS 646.641)
40. Plaintiff re-alleges the above by reference.
41.
Comcast injures plaintiff through its willful and malicious use of unlawful collection practices as detailed above, violating the OUDCPA, specifically ORS 646.639(2)(e) and (k).
42.
As a result of Comcast’s willful and malicious use of unlawful collection practices, plaintiff is entitled to the greater of actual damages or $200, punitive damages, reasonable attorneys fees and costs, injunctive relief and declaratory relief pursuant to ORS 646.641.
43.
Plaintiff is entitled to and so demands a trial by jury. / / /
/ / / / / / / / / / / /
a. Injunctive relief enjoining Comcast from further harassing plaintiff; b. Declaratory relief holding Comcast in violation of the OUDCPA;
c. An award of actual damages, statutory damages, punitive damages, and reimbursement of plaintiff’s reasonable attorneys fees and costs; and
d. For other such relief as this Honorable Court deems just and proper.
DATED: January 15, 2013
s/ Michael Fuller
Michael Fuller, Oregon Bar No. 09357 Trial Attorney for Plaintiff
Eric Olsen, Oregon Bar No. 783261 Of Attorneys for Plaintiff
OlsenDaines, PC
9415 SE Stark St., Suite 207 Portland, Oregon 97216
Email: mfuller@olsendaines.com Office: (503) 274-4252
Fax: (503) 362-1375 Cell: (503) 201-4570
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff) (For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4 of Business In This State
u 2 U.S. Government u4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6 Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u110 Insurance PERSONAL INJURY PERSONAL INJURY u625 Drug Related Seizure u422 Appeal 28 USC 158 u 375 False Claims Act u120 Marine u310 Airplane u 365 Personal Injury - of Property 21 USC 881 u423 Withdrawal u 400 State Reapportionment u130 Miller Act u315 Airplane Product Product Liability u690 Other 28 USC 157 u 410 Antitrust
u140 Negotiable Instrument Liability u 367 Health Care/ u 430 Banks and Banking u150 Recovery of Overpayment u320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 450 Commerce
& Enforcement of Judgment Slander Personal Injury u820 Copyrights u 460 Deportation
u151 Medicare Act u330 Federal Employers’ Product Liability u830 Patent u 470 Racketeer Influenced and u152 Recovery of Defaulted Liability u 368 Asbestos Personal u840 Trademark Corrupt Organizations
Student Loans u340 Marine Injury Product u 480 Consumer Credit (Excl. Veterans) u345 Marine Product Liability LABOR SOCIAL SECURITY u 490 Cable/Sat TV u153 Recovery of Overpayment Liability PERSONAL PROPERTY u710 Fair Labor Standards u861 HIA (1395ff) u 850 Securities/Commodities/
of Veteran’s Benefits u350 Motor Vehicle u 370 Other Fraud Act u862 Black Lung (923) Exchange
u160 Stockholders’ Suits u355 Motor Vehicle u 371 Truth in Lending u720 Labor/Mgmt. Relations u863 DIWC/DIWW (405(g)) u 890 Other Statutory Actions u190 Other Contract Product Liability u 380 Other Personal u740 Railway Labor Act u864 SSID Title XVI u 891 Agricultural Acts u195 Contract Product Liability u360 Other Personal Property Damage u751 Family and Medical u865 RSI (405(g)) u 893 Environmental Matters u196 Franchise Injury u 385 Property Damage Leave Act u 895 Freedom of Information
u362 Personal Injury - Product Liability u790 Other Labor Litigation Act Med. Malpractice u791 Empl. Ret. Inc. u 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS u 899 Administrative Procedure
u210 Land Condemnation u440 Other Civil Rights u 510 Motions to Vacate u870 Taxes (U.S. Plaintiff Act/Review or Appeal of u220 Foreclosure u441 Voting Sentence or Defendant) Agency Decision u230 Rent Lease & Ejectment u442 Employment Habeas Corpus: u871 IRS—Third Party u 950 Constitutionality of u240 Torts to Land u443 Housing/ u 530 General 26 USC 7609 State Statutes u245 Tort Product Liability Accommodations u 535 Death Penalty IMMIGRATION
u290 All Other Real Property u445 Amer. w/Disabilities - u 540 Mandamus & Other u462 Naturalization Application Employment u 550 Civil Rights u463 Habeas Corpus -u446 Amer. w/Disabilities - u 555 Prison Condition Alien Detainee
Other u 560 Civil Detainee - (Prisoner Petition) u448 Education Conditions of u465 Other Immigration
Confinement Actions
V. ORIGIN
Transferred from another district
(specify) (Place an “X” in One Box Only)
u1 Original Proceeding
u 2 Removed from State Court
u 3 Remanded from Appellate Court
u 4 Reinstated or Reopened
u 5 u 6 Multidistrict Litigation
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Brief description of cause:
u
CLACKAMAS, OR
MICHAEL FULLER, OLSENDAINES, PC, 9415 SE STARK ST., STE 207, PORTLAND, OR 97216
PHILADELPHIA, PA
ORS 646.639 et seq.
__________ District of __________
) ) ) ) ) ) )
Plaintiff
v. Civil Action No.
Defendant
SUMMONS IN A CIVIL ACTION
To:(Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk District of Oregon
CAROLYN HAMMETT
3:13-cv-77 COMCAST CORP., et al.
COMCAST CORP.
C/O CEO OR REGISTERED AGENT 1 COMCAST CENTER
1701 JFK BLVD
PHILADELPHIA, PA 19103-2838
CAROLYN HAMMETT
C/O ATTORNEY MICHAEL FULLER OLSENDAINES, PC
9415 SE STARK ST., STE 207 PORTLAND, OR 97216
