The Complaints Against Patrick O'Connor & Associates by backgroundnow

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NO. STATE OF TEXAS Plaintiff v. PATRICK O’CONNOR & ASSOCIATES, L.P. D/B/A O’CONNOR & ASSOCIATES Defendant § § § § § § § § § IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS

JUDICIAL DISTRICT

PLAINTIFF’S ORIGINAL PETITION AND APPLICATION FOR TEMPORARY RESTRAINING ORDER AND FOR TEMPORARY AND PERMANENT INJUNCTION TO THE HONORABLE DISTRICT JUDGE: COMES NOW, Plaintiff, the State of Texas, acting by and through its Attorney General, GREG ABBOTT, on behalf of the interest of the general public and complains of Defendant PATRICK O’CONNOR & ASSOCIATES, L.P., a Texas limited partnership doing business as O’CONNOR & ASSOCIATES (“O’Connor” or “Defendant”). Plaintiff alleges that Defendant engaged in unlawful and deceptive acts and practices in violation of the Texas Deceptive Trade Practices Act. In support thereof, Plaintiff respectfully shows the following: DISCOVERY 1.1 Discovery shall be conducted under a LEVEL 2 discovery control plan pursuant

to Rule 190.3 of the Texas Rules of Civil Procedure. JURISDICTION 2.1 This action is brought by Attorney General Greg Abbott (hereinafter the

“Attorney General”), through his Consumer Protection and Public Health Division in the name of the STATE OF TEXAS, and in the public interest under the authority granted to him pursuant
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to §17.47 of the Texas Deceptive Trade Practices Act, TEX. BUS. & COM. CODE ANN. §17.41 et seq., (hereinafter the “DTPA”), upon the grounds that Defendant has engaged in false, misleading and deceptive acts and practices in the conduct of trade or commerce as defined in, and declared unlawful by, §17.46 (a) and (b) of the DTPA. 2.2 Plaintiff seeks to enjoin Defendant from further violations of the provisions of the

DTPA, pursuant to DTPA §17.47(a). 2.3 Plaintiff seeks civil penalties up to $20,000 for each act or practice calculated to

acquire or deprive money or other property from a consumer in violation of the DTPA, pursuant to DTPA §17.47(c)(1). In addition, Plaintiff seeks civil penalties up to $250,000 for each act or practice calculated to acquire or deprive money or other property from a consumer aged 65 years or older when the act or practice occurred, pursuant to section 17.47(c)(2). 2.4 Plaintiff seeks reasonable attorney’s fees and court costs for prosecuting this

action, as authorized by Texas Government Code §402.006(c). DEFENDANT 3.1 PATRICK O’CONNOR & ASSOCIATES, L.P. D/B/A O’CONNOR &

ASSOCIATES is a Texas limited partnership doing business as O’Connor & Associates, who may be served with process by serving its registered agent for service of process, Patrick O’Connor at 2000 N. Loop West, Suite 200, Houston, Texas 77018. VENUE 4.1 Venue of this suit lies in Harris County, Texas, for the following reasons:

A. Venue is proper in Harris County, Texas, pursuant to §15.002 (a)(1) of the TEX. CIV. PRAC. & REM. CODE, because Harris County is the county in which all or a substantial part of the

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events or omissions giving rise to the claim occurred. §15.002(a)(1).

TEX. CIV. PRAC. & REM. CODE

B. Venue is also proper in Harris County, Texas under TEX. CIV. PRAC. & REM. CODE ANN. 15.002(a)(3) because the Defendant’s principal office is located in Houston, Harris County, Texas. C. Venue is also proper under DTPA §17.56 because Defendants do business in Harris County, Texas, and the transactions that form the basis of this cause of action occurred in Harris County, Texas. PUBLIC INTEREST 5.1 Plaintiff State of Texas has reason to believe that Defendant has engaged in, and

will continue to engage in the unlawful practices set forth below. Plaintiff State of Texas has reason to believe Defendant has caused and will cause immediate, irreparable injury, loss and damage to the State of Texas and its citizens, and will also cause adverse effects to legitimate business enterprises which lawfully conduct trade and commerce in this State. Therefore, the Consumer Protection Division of the Office of the Attorney General of the State of Texas believes and is of the opin
								
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