This lawsuit which I just filed says it all
Verified complaint, demand and demand for production of persons documents and things
Plaintiff, by way of complaint against the defendants, and each of them, attests:
COUNT ONE
1. Jurisdiction is proper as the defendants, and each of them, transact business in Morris County, New Jersey.
2. For a duration in the past (parameters to be determined though discovery), Plaintiff had cellular phone service through defendants AT&T Wireless and Cingular Wireless.
3. Throughout the entire duration, the service provided by defendants was substandard, inferior, ineffective and inoperable, and was wholly inconsistent with what defendants had represented to plaintiff prior to inception of the service. If fact, plaintiff was disconnected four times on a critical business call in the town of Basking Ridge New Jersey, defendant's current or former headquarters location. Defendant's cellular service did not event function at plaintiff's residence.
4. Despite this inferior service, plaintiff expended large sums of money for service that was not provided.
5. As a result of defendants inferior service, breach of contract, fraud and misrepresentation, plaintiff has sustained harm.
6. Wherefore, plaintiff demands judgment against defendants AT&T Wireless and Cingular Wireless for compensatory damages, punitive damages, declaratory and injunctive relief.
Count two
1. Plaintiff, fed up by the inferior service and fraud of defendants, terminated his cellular service in May and switched to Verizon Wireless. Said Verizon service has been exemplary.
2. Upon termination of the cellular service, defendants Cingular and AT&T Wireless demanded huge and unjust sums of money from plaintiff, and engaged the services of CCA and/or Credit Collection Associates to pursue, harass intimidate and coerce plaintiff.
3. Despite verbal and written requests to no longer be contacted, defendants and each of them continued to pursue and harass plaintiff. Said contacts violate certain state and federal statutes.
4. Wanting to keep his credit records clear of negative entries, plaintiff had no choice but to enter into settlement with defendants. Said settlement was reached in January for $388.75 or an amount close thereto, wherein defendants agreed to forever release and hold harmless plaintiff from further claims.
5. Plaintiff fully paid defendants the settlement amount.
6. Despite having agreed to full and settlement, defendants, and each of them, wantonly, willfully and maliciously made negative entries on plaintiff's credit report.
7. As a result of defendant's outrageous conduct, plaintiff was forced to incur a substantially higher interest rate for certain loans.
8. Wherefore, plaintiff demands judgment against the defendants, and each of them, for compensatory damages, punitive damages, declaratory and injunctive relief.
Count three
1. Despite having reached full and final settlement with plaintiff, defendants and each of them, engaged the services of another collection agency, LDG Financial, to harass intimidate and coerce plaintiff into paying yet additional monies for services that were never provided.
2. Plaintiff provided defendant LDG with proof that full and final settlement had been reached with defendants and requested that they never contact plaintiff again, yet the defendants, and each of them, willfully wantonly and maliciously continued to harass plaintiff via letter and telephone calls to plaintiff's residence.
3. Wherefore, plaintiff demands judgment against the defendants, and each of them, for declaratory and injunctive relief, compensatory damages and punitive damages.
DEMAND FOR PRODUCTION OF PERSONS DOCUMENTS AND THINGS
Plaintiff demands that defendants produce the following prior to trial:
1. Complete records of all cellular phone, billing and payment activity.
2. Copies of all records regarding collection efforts, including phone logs, written correspondence, electronic mail records, and any and all other records.
3. That defendant LDG and CCA produce Miss Daniels and Sean Jones for testimony at time of trial.
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