IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

Pamala Lewis, )

)

Plaintiff, )

 )

v. ) No. 12 C 193

)

Credit Control, LLC, a Missouri limited )

liability company, and JH Portfolio Debt )

Equities, LLC, a California limited ) 

liability company, )

)

Defendants. ) Jury Demanded

COMPLAINT

Plaintiff, Pamala Lewis, brings this action under the Fair Debt Collection 

Practices Act, 15 U.S.C. § 1692, et seq. ("FDCPA"), for a finding that Defendants' debt 

collection actions violated the FDCPA, and to recover damages for Defendants'

violations of the FDCPA, and alleges:

JURISDICTION AND VENUE

1. This Court has jurisdiction pursuant to § 1692k(d) of the FDCPA, and 28 

U.S.C. § 1331.

2. Venue is proper in this District because: a) part of the acts and 

transactions occurred here; and, b) Defendants reside and transact business here.

PARTIES

3. Plaintiff, Pamala Lewis ("Lewis"), is a citizen of the State of Florida, from 

whom Defendants attempted to collect a delinquent consumer debt owed for an Office 

Depot account, despite the fact that she was represented by the legal aid attorneys at 

the Chicago Legal Clinic's Legal Advocates for Seniors and People with Disabilities 

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program ("LASPD"), located in Chicago, Illinois.

4. Defendant, Credit Control, LLC (“Credit Control"), is a Missouri limited 

liability company, that acts as a debt collector, as defined by § 1692a of the FDCPA, 

because it regularly uses the mails and/or the telephone to collect, or attempt to collect, 

delinquent consumer debts. Credit Control operates a nationwide delinquent debt 

collection business and attempts to collect debts from consumers in virtually every 

state, including consumers in the State of Illinois. In fact, Credit Control was acting as a 

debt collector as to the delinquent consumer debt it attempted to collect from Plaintiff.

5. Defendant, JH Portfolio Debt Equities, LLC (“JH Portfolio”), is a California 

limited liability company that acts as a debt collector, as defined by § 1692a of the 

FDCPA, because it regularly uses the mails and/or the telephone to collect, or attempt 

to collect, delinquent consumer debts. JH Portfolio operates a nationwide delinquent 

debt collection business and attempts to collect debts from consumers in virtually every 

state, including consumers in the State of Illinois. In fact, JH Portfolio was acting as a 

debt collector as to the delinquent consumer debt it attempted to collect from Plaintiff.

6. Defendant JH Portfolio is a debt scavenger that specializes in buying large 

portfolios of defaulted consumer debts for pennies on the dollar, the full amount of 

which debts it then tries to collect through other debt collectors, like Defendant Credit 

Control.

7. Both Defendants, Credit Control and JH Portfolio, are authorized to 

conduct business in Illinois, and maintain registered agents here, see, records from the 

Illinois Secretary of State, attached as Group Exhibit A. In fact, both Credit Control and 

JH Portfolio conduct business in Illinois.

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8. Both Defendants, Credit Control and JH Portfolio, are licensed as debt 

collection agencies in the State of Illinois. See, records from the Illinois Division of 

Professional Regulation, attached as Group Exhibit B. In fact, both Credit Control and 

JH Portfolio act as collection agencies in Illinois.

FACTUAL ALLEGATIONS

9. Ms. Lewis is a senior citizen, with limited assets and income, who fell 

behind on paying her bills. At some point in time, Defendant JH Portfolio bought Ms. 

Lewis’ Office Depot account after she defaulted on this debt, and when Defendants

began trying to collect it from Ms. Lewis, she sought the assistance of the legal aid 

attorneys at the Chicago Legal Clinic’s LASPD program, regarding her financial 

difficulties and Defendants' collection actions. 

10. On November 9, 2011, one of Ms. Lewis' attorneys at LASPD informed 

Defendants, in writing, that Ms. Lewis was represented by counsel, and directed

Defendants to cease contacting her, and to cease all further collection activities

because Ms. Lewis was forced, by her financial circumstances, to refuse to pay her

unsecured debt. Copies of this letter and fax confirmation are attached as Exhibit C. 

11. Nonetheless, Defendants sent a collection letter, dated November 15, 

2011, directly to Ms. Lewis, in which they continued to demand payment of the Office 

Depot debt. A copy of this letter is attached as Exhibit D.

12. Accordingly, on December 21, 2011, Ms. Lewis' LASPD attorney had to 

send Defendants an additional letter, again directing them to cease communications

and to cease collections. Copies of this letter and fax confirmation are attached as 

Exhibit E.

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13. All of Defendants' collection actions complained of herein occurred within 

one year of the date of this Complaint. 

14. Defendants' collection communications are to be interpreted under the 

“unsophisticated consumer” standard. See, Gammon v. GC Services, Ltd. Partnership, 

27 F.3d 1254, 1257 (7th Cir. 1994).

COUNT I

Violation Of § 1692c(c) Of The FDCPA --

Failure To Cease Communication And Cease Collections

15. Plaintiff adopts and realleges ¶¶ 1-14.

16. Section 1692c(c) of the FDCPA prohibits a debt collector from 

communicating with a consumer after a direction to cease communications, and from 

continuing to demand payment of a debt that the consumer has indicated that they 

refuse to pay. See, 15 U.S.C. § 1692c(c).

17. Here, the letter from Ms. Lewis' agent/attorney, LASPD, told Defendants to 

cease communications and to cease collections (Exhibit C). By continuing to 

communicate regarding this debt and demanding payment (Exhibit D), Defendants

violated § 1692c(c) of the FDCPA.

18. Defendants' violation of § 1692c(c) of the FDCPA renders them liable for 

actual and statutory damages, costs, and reasonable attorneys’ fees. See, 15 U.S.C. § 

1692k.

COUNT II

Violation Of § 1692c(a)(2) Of The FDCPA --

Communicating With A Consumer Represented By Counsel

19. Plaintiff adopts and realleges ¶¶ 1-14.

20. Section 1692c(a)(2) of the FDCPA prohibits a debt collector from

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communicating with a consumer if the debt collector knows that the consumer is 

represented by an attorney with respect to such debt and has knowledge of, or can 

readily ascertain, such attorney’s name and address. See, 15 U.S.C. § 1692c(a)(2). 

21. Defendants knew that Ms. Lewis was represented by counsel in 

connection with her debt because her attorneys at LASPD had informed Defendants, in 

writing (Exhibit C), that she was represented by counsel, and had directed Defendants

to cease directly communicating with Ms. Lewis. By directly sending Ms. Lewis the 

November 15, 2011 letter (Exhibit D), despite being advised that she was represented 

by counsel, Defendants violated § 1692c(a)(2) of the FDCPA.

22. Defendants' violation of § 1692c(a)(2) of the FDCPA renders them liable 

for actual and statutory damages, costs, and reasonable attorneys’ fees. See, 15 

U.S.C. § 1692k.

PRAYER FOR RELIEF

Plaintiff, Pamala Lewis, prays that this Court:

1. Find that Defendants' debt collection actions violated the FDCPA;

2. Enter judgment in favor of Plaintiff Lewis, and against Defendants, for 

actual and statutory damages, costs, and reasonable attorneys’ fees as provided by §

1692k(a) of the FDCPA; and,

3. Grant such further relief as deemed just.

JURY DEMAND

Plaintiff, Pamala Lewis, demands trial by jury.

Pamala Lewis,

By: /s/ David J. Philipps_______

One of Plaintiff’s Attorneys

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Dated: January 11, 2012

David J. Philipps (Ill. Bar No. 06196285)

Mary E. Philipps (Ill. Bar No. 06197113)

Philipps & Philipps, Ltd.

9760 S. Roberts Road

Suite One

Palos Hills, Illinois 60465

(708) 974-2900

(708) 974-2907 (FAX)

davephilipps@aol.com

mephilipps@aol.com

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