CASE 0:14-cv-02386-SRN-JJK Document 1 Filed 06/27/14 Page 1 of 6

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RECEl.VED
JUN 27 2014
CLRK, U.S. DISTRlCT COURT
ST PAU, MINESOA
UNITED STATES DISTRICT COURT
DISTRICT OF MINESOTA
( cv 2)0{ )Y /'TC
R. Couch, Plaintif Case No.

vs.
Diversifed Consultants, Inc,
Diversifed Credit, Inc , Defndants Demand For Jury Trial
VERFIED COMPLAINT for RLIEF
Plaintif, Rae Couch, sues Defndants, Diversifed Consultants, Inc, and
Diversifed Credit, Inc, and fr this complaint alleges:
Nature of the Action
1. This is a complaint for money damages.
2. Defndant has violated the Telephone Consumer Protection Act
(TCPA) Sec. 227., 47 USC 227(b)(l)(iii) and 47 U.S.C., 227(b)(2)(5), and
SCANNED
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oJUN 3 0 2014
U.S. DISTRIC COUR ST. PAL
CASE 0:14-cv-02386-SRN-JJK Document 1 Filed 06/27/14 Page 2 of 6
Defndant has violated the Fair Debt Collection Practices Act, 15 USC 806 (5)
and ( 6). Plaintif contends that the Defndants have violated such laws by
repeatedly harassing Plaintif in attempts to collect alleged but nonexistent debt.
3. Plaintiffs, Rae Couch, address is in Minnesota.
4. Upon information and belief Defndant, Diversifed Consultants Inc,
is a freign cororation, authorized to do business in Minnesota with a registered
agent in Minnesota who is Incor Services Inc, 901 Marquette Ave, #1675,
Minneapolis, MN 55402-3275. See Exhibit "A".
5. Upon infrmation and belief Defndant, Diversifed Consultants Inc,
is authorized as a debt collector in Minnesota and is "active" with the Department
of Commerce's Licensing Division. See Exhibit "B".
6. Upon infration and belief Defndant, Diversifed Credit Inc, is a
Minnesota cororation, authorized to do business in Minnesota with a registered
agent in Minnesota who is Incor Services Inc, 901 Marquette Ave, #1675,
Minneapolis, MN 55402-3275. See Exhibit "A".
7. Upon infrmation and belief Defndant, Diversifed Credit, is not
authorized as a debt collector in Minnesota and is not "active" with the Department
of Commerce's Licensing Division, as no registration or license can be found. See
Exhibit "B".
8. This court has jurisdiction to grant relief,
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CASE 0:14-cv-02386-SRN-JJK Document 1 Filed 06/27/14 Page 3 of 6
JURSDICTION AND VNUE
9. Jurisdiction of this Court arises under 47 U.S.C. 227(b)(3), and
supplemental jurisdiction exists fr the state law claims pursuant to 28 U.S.C.
1367.
10. Venue is proper pursuat to 28 U.S.C. 1391b. Venue in this District is
proper in that the Plaintiffs address is here, the Defndants transact business here,
and the conduct complained of occurred here.
11. This is an action fr damages which exceed $10,000.00.
FACTUAL ALLEGATIONS
12. From November 18th, 2013 to January 17, 2014, Diversifed
Consultants Inc/Diversifed Credit Inc, violated the TCP A by repeatedly calling
Plaintiffs cell phone, using automatic telephone dialing system.
13. From November 18t\ 2013 to Jauary 17, 2014, Diversifed Consultants
Inc/Diversifed Credit Inc, violated the TCPA by calling Plaintiffs cell phone 53
times with no prior permission given by Plaintif.
14. From November 18th, 2013 to January 17, 2014, Diversifed Consultants
Inc/Diversifed Credit Inc, violated the TCP A by calling Plaintifs cell phone
without prior permission or fr emergency puroses.
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CASE 0:14-cv-02386-SRN-JJK Document 1 Filed 06/27/14 Page 4 of 6
15. Plaintif has no prior or present established relationship with
Defndants, and has never given Defndants express, or implied permission to call
Plaintif's cellular phone.
COUT/
VOLATIONS OF THE TELEPHONE
CONSUMER PROTECTION ACT 47 US.C 227
16. Plaintif alleges and incorporates the infrmation in paragraphs 1
through 14.
17. Defndants Diversifed Consultants Inc/Diversifed Credit Inc have
demonstrated willfl or knowing non-compliance with 47 U.S.C. 227(b)(l)(A) by
using an automatic telephone dialing system to call te Plaintiffs number assigned
to a cellular telephone service.
18. Defndants Diversifed Consultants Inc/Diversifed Credit Inc have
committed 52 separate violations of 47 U.S.C. 227(b)(l)(A) and Plaintif is
entitled to damages of $1500 per violation pursuant to 47 U.S.C. 227(b)(3)(B).
19. Defndants, Diversifed Consultats Inc/iversifed Credit Inc have
demonstrated willfl or knowing non-compliance with 47 U.S.C. 227(b )(l)(A) by
calling the Plaintiffs number assigned to a cellular telephone service. The Plaintif
has never given Diversifed Consultants Inc/Diversifed Credit Inc permission to
call Plaintiff's cell phone. Plaintif is entitled to damages of $1500 per violation
pursuant to 47 U.S.C. 227(b)(3)(B). Defndants Diversifed Consultants
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CASE 0:14-cv-02386-SRN-JJK Document 1 Filed 06/27/14 Page 5 of 6
Inc/Diversifed Credit Inc and Plaintif, Rae Couch do not have an established
business relationship within the meaning of 47 U.S;C. 227.
COUT II
VOLATION OF FAIR DEBT COLLECTION PRACTICES ACT
SC 1692d 806 (5) and (6) BY DEFENDANT
20. Plaintif alleges and incororates the information in paragraphs 1 through
19.
21. Defndants violated 15 USC 1692d 806 ( 5) and ( 6) by causing a
telephone to ring with intent to harass.
22. 15 USC 806 (5) states:
( 5) Causing a telephone to ring or engaging any person in telephone
conversation repeatedly or continuously with intent to annoy, abuse, or
harass any person at the
called number.
WEREFORE, Plaintif emands judgment fr damages against
Diversifed Consultants Inc and Diversifed Credit Inc, fr actal or statutory
damages, and punitive damages, attorey's fes and costs, other such relief.as may
be just.
CASE 0:14-cv-02386-SRN-JJK Document 1 Filed 06/27/14 Page 6 of 6
VRFICATION
I, Rae Couch, have read the foregoing complaint and examined any appendices
refrenced therein. The fcts stated in the complaint are true. The appendices are
true and fir copies of the recited instruments.
Rae Couch
I
w)b4c1
ate signed
.The above named Affant appeared befre me, a Notary, subscribed, swor
l<

under oath this day of l N t, 2014.
Notary

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