Case 3:13-cv-00077-ST Document 1 Filed 01/15/13 Page 1 of 9 Page ID#: 1 Michael Fuller, Oregon Bar No. 09357 Trial Attorney for Plaintiff Eric Olsen, Oregon Bar No. 783261 Of Attorneys for Plaintiff 9415 SE Stark St., Suite 207 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, v. Plaintiff, 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. 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. Defendants. COMPLAINT - Page 1
Case 3:13-cv-00077-ST Document 1 Filed 01/15/13 Page 2 of 9 Page ID#: 2 1. 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. Comcast provides consumer household communications services in Oregon. COMPLAINT - Page 2
Case 3:13-cv-00077-ST Document 1 Filed 01/15/13 Page 3 of 9 Page ID#: 3 8. 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. COMPLAINT - Page 3
Case 3:13-cv-00077-ST Document 1 Filed 01/15/13 Page 4 of 9 Page ID#: 4 15. 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. COMPLAINT - Page 4
Case 3:13-cv-00077-ST Document 1 Filed 01/15/13 Page 5 of 9 Page ID#: 5 17. 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. COMPLAINT - Page 5
Case 3:13-cv-00077-ST Document 1 Filed 01/15/13 Page 6 of 9 Page ID#: 6 26. 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 provides Comcast and its various debt collectors her attorney s contact information. COMPLAINT - Page 6
Case 3:13-cv-00077-ST Document 1 Filed 01/15/13 Page 7 of 9 Page ID#: 7 34. 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. COMPLAINT - Page 7
Case 3:13-cv-00077-ST Document 1 Filed 01/15/13 Page 8 of 9 Page ID#: 8 39. 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. COMPLAINT - Page 8
Case 3:13-cv-00077-ST Document 1 Filed 01/15/13 Page 9 of 9 Page ID#: 9 WHEREFORE, plaintiff seeks judgment against Comcast as follows: 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 9415 SE Stark St., Suite 207 Email: mfuller@olsendaines.com Office: (503 274-4252 Fax: (503 362-1375 Cell: (503 201-4570 COMPLAINT - Page 9
Case 3:13-cv-00077-ST Document 1-1 Filed 01/15/13 Page 1 of 1 Page ID#: 10 JS 44 (Rev. CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM. I. (a PLAINTIFFS DEFENDANTS CAROLYN HAMMETT COMCAST CORP., et al. (b County of Residence of First Listed Plaintiff CLACKAMAS, OR County of Residence of First Listed Defendant PHILADELPHIA, PA (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 MICHAEL FULLER, OLSENDAINES, PC, 9415 SE STARK ST., STE 207, PORTLAND, OR 97216 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 1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State 2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III of Business In Another State Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country IV. NATURE OF SUIT (Place an X in One Box Only CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust 140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce & Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation 151 Medicare Act 330 Federal Employers Product Liability 830 Patent 470 Racketeer Influenced and 152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations Student Loans 340 Marine Injury Product 480 Consumer Credit (Excl. Veterans 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV 153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff 850 Securities/Commodities/ of Veteran s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923 Exchange 160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g 890 Other Statutory Actions 190 Other Contract Product Liability 380 Other Personal 740 Railway Labor Act 864 SSID Title XVI 891 Agricultural Acts 195 Contract Product Liability 360 Other Personal Property Damage 751 Family and Medical 865 RSI (405(g 893 Environmental Matters 196 Franchise Injury 385 Property Damage Leave Act 895 Freedom of Information 362 Personal Injury - Product Liability 790 Other Labor Litigation Act Med. Malpractice 791 Empl. Ret. Inc. 896 Arbitration REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS 899 Administrative Procedure 210 Land Condemnation 440 Other Civil Rights 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act/Review or Appeal of 220 Foreclosure 441 Voting Sentence or Defendant Agency Decision 230 Rent Lease & Ejectment 442 Employment Habeas Corpus: 871 IRS Third Party 950 Constitutionality of 240 Torts to Land 443 Housing/ 530 General 26 USC 7609 State Statutes 245 Tort Product Liability Accommodations 535 Death Penalty IMMIGRATION 290 All Other Real Property 445 Amer. w/disabilities - 540 Mandamus & Other 462 Naturalization Application Employment 550 Civil Rights 463 Habeas Corpus - 446 Amer. w/disabilities - 555 Prison Condition Alien Detainee Other 560 Civil Detainee - (Prisoner Petition 448 Education Conditions of 465 Other Immigration Confinement Actions V. ORIGIN (Place an X in One Box Only Transferred from 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 another district 6 Multidistrict Proceeding State Court Appellate Court Reopened (specify Litigation Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity: VI. CAUSE OF ACTION ORS 646.639 et seq. Brief description of cause: UNFAIR DEBT COLLECTION VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint: COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: Yes No VIII. RELATED CASE(S IF ANY DATE FOR OFFICE USE ONLY (See instructions: JUDGE SIGNATURE OF ATTORNEY OF RECORD 01/15/2013 s/ Michael Fuller DOCKET NUMBER RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Case 3:13-cv-00077-ST Document 1-2 Filed 01/15/13 Page 1 of 1 Page ID#: 11 AO 440 (Rev. 12/09 Summons in a Civil Action UNITED STATES DISTRICT COURT for the District District of Oregon of CAROLYN HAMMETT Plaintiff v. Civil Action No. COMCAST CORP., et al. Defendant 3:13-cv-77 SUMMONS IN A CIVIL ACTION To: (Defendant s name and address COMCAST CORP. C/O CEO OR REGISTERED AGENT 1 COMCAST CENTER 1701 JFK BLVD PHILADELPHIA, PA 19103-2838 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: CAROLYN HAMMETT C/O ATTORNEY MICHAEL FULLER OLSENDAINES, PC 9415 SE STARK ST., STE 207 PORTLAND, OR 97216 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