Complaint Against Harris & Harris, LTD. with Jury Demand Filed by Emmitt Hayden. (Attachments: # 1 Exhibit Exhibit A, # 2 Civil Cover Sheet, # 3 Proposed Summons)(Hansen, Mitchell)
JURISDICTION AND VENUE
1This Court has federal question subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331, as the action arises under the FDCPA.
2Supplemental jurisdiction exists for Plaintiff’s FCCPA claim under to
28 U.S.C. §1367.
3This Court has personal jurisdiction over Defendant because Defendant is operating, present, and/or doing business within this jurisdiction and because the complained of conduct of Defendant occurred within Lee County, Florida.
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4Venue of this action is proper in this Court because the cause of action alleged below arose in Lee County, Florida.
PARTIES
5Plaintiff is a natural person, and a citizen of the State of Florida, residing in Lee County, Florida.
6Defendant is an Illinois Corporation, with its principal place of business located in Chicago, Illinois.
DEMAND FOR JURY TRIAL
7Plaintiff, respectfully, demands a trial by jury on all counts and issues so triable.
FACTUAL ALLEGATIONS Background
8On or about December 11, 2025, Defendant began attempting to collect an alleged debt (the “Consumer Debt”) from Plaintiff.
9The Consumer Debt is an obligation allegedly had to pay money arising from a transaction between the creditor of the Consumer Debt and someone other than Plaintiff (the “Subject Service”).
10Upon information and belief, the Subject Service was primarily for personal, family, or household purposes.
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11Defendant is a business entity engaged in the business of soliciting consumer debts for collection.
12Defendant is a business entity engaged in the business of collecting consumer debts.
13Defendant regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due to another.
14Defendant is registered with the Florida Office of Financial Regulation as a “Consumer Collection Agency.”
15Defendant “Consumer Collection Agency” license number is
CCA0900582.
16Defendant maintains all the records specified in Rule 69V-180.080, Florida Administrative Code.
17The records specified by Rule 69V-180.080, Florida Administrative Code, of which Defendant does maintain, are current to within one week of the current date.
18For example, Defendant does maintain and keep updated within seven (7) days the records required by, inter alia, Florida Administrative Code Rule 180.080(1), (3), (6), (7), (9), (10), and (11).
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19Further, Defendant has written policies and procedures for the secure handling of all consumer documents and information received in the course of collecting a debt from a consumer as required by Rule 69V-180.090(2).
20As such, Defendant is a “debt collector” within the meaning of 15 U.S.C. § 1692a(6).
21Additionally, Defendant is a “person” within the meaning of Fla. Stat. § 559.72.
The Violative Conduct
22On or about December 11, 2025, Defendant began attempting to collect the Consumer Debt from Plaintiff by sending Plaintiff a collection communication (the “First Collection Communication”).
23A screenshot of the First Collection Communication is attached hereto as “Exhibit A.”
24On or about December 16, 2025, Defendant sent Plaintiff another collection communication (the “Second Collection Communication”).
25A screenshot of the Second Collection Communication is attached hereto as “Exhibit A.”
26On or about December 19, 2025, Defendant sent Plaintiff another collection communication (the “Third Collection Communication”).
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27A screenshot of the Third Collection Communication is attached hereto as “Exhibit A.”
28The
First Collection Communication, Second Collection
Communication and Third Collection Communication are collectively referred to as the “Collection Communications.”
29Plaintiff does not owe the Consumer Debt.
30The Collection Communications were directed at someone named “PATRICIA” which is not the name or alias of Plaintiff.
31As such, by and through the Collection Communications, Defendant attempted to collect an alleged debt from Plaintiff that Plaintiff did not owe.
COUNT I
VIOLATION OF 15 U.S.C. § 1692e(2)(A) and § 1692e(10)
32Plaintiff incorporates by reference ¶¶ 1-31 of this Complaint.
33Section 1692e of the FDCPA prohibits the use of “false, deceptive, or misleading representation or means in connection with the collection of any debt.” 15 U.S.C. §1692e. The sixteen subsections of §1692e set forth a non-exhaustive list of practices that fall within this ban, including, but not limited to: “[t]he false representation of the character, amount, or legal status of any debt” and “[t]he use of any false representation or deceptive means to collect or attempt to collect
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Public U.S. federal court record (district court docket 73113728, document 1). Source via the RECAP Archive (Free Law Project). The same record is available from PACER. Informational only — not legal advice.