Berns v. Premiere Credit of North America, LLC

Western District of Texas, txwd-5:2019-cv-00515

Premiere Credit of North America, LLC's ANSWER to [1] Complaint by Premiere Credit of North America, LLC.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION Irene S. Burns § § v. § Civil Action No. 5:19-cv-00515-OLG § Premiere Credit of North America, LLC § PREMIERE CREDIT OF NORTH AMERICA, LLC'S ANSWER TO PLAINTIFF'S COMPLAINT Defendant Premiere Credit of North America, LLC ("Premiere"), by counsel, and in response to Plaintiff's Complaint, states as follows: Introduction 1. Premiere states that paragraph 1 is a narrative to which no response is required. To the extent paragraph 1 could be interpreted to contain allegations, they are denied. 2. Premiere states that the FDCPA speaks for itself. To the extent Plaintiff misstates, misquotes, or mischaracterizes the FDCPA, Premiere denies the allegations in paragraph 2. 3. Premiere admits that student loan debt is a form of consumer debt, and that federal student loan collectors can garnish a consumer's wages to satisfy a debt. To the extent Plaintiff misstates, misquotes, or mischaracterizes the FDCPA, Premiere denies the remaining allegations in paragraph 3. 4. Premiere admits that Plaintiff purports to bring claims for violations of the FDCPA. Premiere denies that it violated the FDCPA, and denies that Plaintiff is entitled to recover damages, attorneys' fees, or costs. Jurisdiction & Venue 5. To the extent Plaintiff has properly alleged her claims, Premiere admits that the Court may exercise its jurisdiction. 1 6. To the extent Plaintiff has properly alleged her claims, Premiere admits that the Court may exercise its jurisdiction. 7. Premiere is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 7. Parties 8. Premiere admits that Plaintiff is a natural person. Premiere is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in paragraph 8. 9. Premiere admits the allegations in paragraph 9. Facts 10. Premiere admits the allegations in paragraph 10. 11. Premiere admits the allegations in paragraph 11. 12. Premiere is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 12. 13. Premiere is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 13. 14. Premiere is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 14. 15. Premiere is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 15. 16. Premiere is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 16. 17. Premiere is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 17. 2 18. Premiere admits the allegations in paragraph 18. 19. Premiere denies the allegations in paragraph 19. 20. Premiere denies the allegations in paragraph 20. 21. Premiere denies the allegations in paragraph 21. First Cause of Action – Fair Debt Collection Practices Act 22. Premiere states that the FDCPA speaks for itself. To the extent Plaintiff misstates, misquotes, or mischaracterizes the FDCPA, Premiere denies the allegations in paragraph 22. 23. Premiere states that the FDCPA speaks for itself. To the extent Plaintiff misstates, misquotes, or mischaracterizes the FDCPA, Premiere denies the allegations in paragraph 23. Premiere is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in paragraph 23. 24. Premiere states that the FDCPA speaks for itself. To the extent Plaintiff misstates, misquotes, or mischaracterizes the FDCPA, Premiere denies the allegations in paragraph 2. Premiere is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in paragraph 24. 25. Premiere states that the FDCPA speaks for itself. To the extent Plaintiff misstates, misquotes, or mischaracterizes the FDCPA, Premiere denies the allegations in paragraph 2. 26. Premiere denies the allegations on paragraph 26. 27. Premiere denies the allegations on paragraph 27. Second Cause of Action –Texas Finance Code Chapter 392 28. Premiere states that the Texas Finance Code speaks for itself. To the extent Plaintiff misstates, misquotes, or mischaracterizes the Texas Finance Code, Premiere denies the allegations in paragraph 28. Premiere is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 28. 3 29. Premiere states that the Texas Finance Code speaks for itself. To the extent Plaintiff misstates, misquotes, or mischaracterizes the Texas Finance Code, Premiere denies the allegations in paragraph 29. Premiere is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 29. 30. Premiere states that the Texas Finance Code speaks for itself. To the extent Plaintiff misstates, misquotes, or mischaracterizes the Texas Finance Code, Premiere denies the allegations in paragraph 29. 31. Premiere states that the Texas Finance Code speaks for itself. To the extent Plaintiff misstates, misquotes, or mischaracterizes the Texas Finance Code, Premiere denies the allegations in paragraph 29. 32. Premiere denies the allegations in paragraph 32. Jury Demand Premiere admits that Plaintiff demands a trial by jury. Prayer for Relief Premiere denies that Plaintiff is entitled to any relief requested in her Prayer for Relief. AFFIRMATIVE DEFENSES Without assuming the burden of proof where it otherwise rests with Plaintiff, Premiere pleads the following affirmative defenses to Plaintiff's Complaint: FIRST DEFENSE At all pertinent times, Premiere maintained reasonable procedures to assure compliance with the FDCPA and Section 392.001, et seq. of the Texas Finance Code. 4 SECOND DEFENSE Premiere has complied with the FDCPA and Section 392.001, et seq. of the Texas Finance Code in its handling of Plaintiff's file. Premiere is entitled to each and every defense and limitation of liability stated in the FDCPA and Section 392.001, et seq. of the Texas Finance Code. THIRD DEFENSE Plaintiff cannot meet the requirements to recover statutory damages under the FDCPA or Section 392.001, et seq. of the Texas Finance Code. FOURTH DEFENSE Plaintiff's damages, if any, were not caused by Premiere, but by another person or entity for whom or for which Premiere is not responsible. Respectfully submitted, By: /s/ Todd J. Harlow TODD J. HARLOW Texas Bar No. 24036724 tharlow@fbtlaw.com FROST BROWN TODD, LLC 100 Crescent Court, Suite 350 Dallas, TX 75201 (214) 580-5844 (Tel) (214) 545-3473 (Fax) ATTORNEY FOR DEFENDANT 5 CERTIFICATE OF SERVICE I certify that on August 5, 2019, a true and correct copy of the foregoing document was served on all counsel of record via the Court's electronic case filing system. William M. Clanton Law Office of Bill Clanton, P.C. 926 Chulie Drive San Antonio, TX 78216 bill@clantonlawoffice.com Attorney for Plaintiff /s/ Todd J. Harlow TODD J. HARLOW 0125668.0720935 4823-8717-1999v1 6