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Attorney for Plaintiff5JAMES" CLEVENHAGEN

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SUPERIOR COURT OF-THE.STATE QF-CALIFORNJA_FOR THE COUWTY OF i

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ROBERT AMADOR, ESQ. (State Bar #269168) 91.57

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2. This court has jurisdiction over this action pursuant to California Code of CivilProcedure 410.10.

3. This is the court of proper venue pursuant to California Code of Civil Procedure 395in 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 timesherein 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, andDOES 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 121-

times 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. ScottClevengagen, please hang up and call 877-347-3741 to remove this phone numberfrom our records. If you continued to listen to this message you areacknowledging that you are J. Scott Clevengagen. This message containspersonal and private information. There will now be a 3-second pause... This isEOS CCA, a collection agency and this is an attempt to collect a debt. Anyinformation obtained will be used for that purpose. Please contact us about thisimportant business matter at 877-347-3741. When calling, please referenceaccount number 10782111. Again, the telephone number is 877-347-3741, andthe 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.

GIVE, COMPLAINT - 2

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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

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 toprovide 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 Defendantscaused 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 ofthe 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 Plaintiffstelephone 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 regardingcollection 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, actualdamages 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 collectionactivity 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); and6.) 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 collectionactivity;

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; and6.) For any other and further relief that this Court deems just and proper.

DATED: September 10, 2012

ROBERT AMADORAttorney for Plaintiff

CIVIL COMPLAINT - 5