IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

BERNICE ADAMS, )

)

Plaintiff, )

)

vs. )

)

CAVALRY PORTFOLIO SERVICES, LLC, and )

TABULA RASA INTERNATIONAL, LTD., )

)

Defendants. )

COMPLAINT

INTRODUCTION

1. Plaintiff Bernice Adams brings this action to secure redress from unlawful

collection practices engaged in by defendants Cavalry Portfolio Services, LLC and Tabula Rasa

International, Ltd. Plaintiff alleges violation of the Fair Debt Collection Practices Act, 15 U.S.C.

§1692 et seq. (“FDCPA”).

VENUE AND JURISDICTION

2. This Court has jurisdiction under 15 U.S.C. §1692k (FDCPA), 28 U.S.C.

§1331 and 28 U.S.C. §1337.

3. Venue and personal jurisdiction in this District are proper because:

a. Defendant’s collection communications were received by plaintiff

within this District;

b. Defendant does or transacts business within this District.

PARTIES

4. Plaintiff Bernice Adams is an individual who resides in the Northern District

of Illinois.

5. Defendant Cavalry Portfolio Services, LLC is a limited liability company

chartered under Delaware law which does business in Illinois. Its principal place of business is

located at 4050 East Cotton Center, Building 2, Suite 20, Phoenix, AZ 85040. Its registered agent

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and office is CT Corporation System, 208 S. LaSalle Street, Suite 814, Chicago, IL 60604.

6. Cavalry Portfolio Services, LLC is engaged in the business of a collection

agency.

7. Cavalry Portfolio Services, LLC has filed thousands of lawsuits in Illinois

courts against Illinois residents. 

8. During December 2011 alone, Cavalry Portfolio Services, LLC filed more

than 170 lawsuits in the Circuit Court of Cook County, as well as other lawsuits in other Illinois

courts. 

9. Cavalry Portfolio Services, LLC uses the mails and telephone system in

conducting its business.

10. Cavalry Portfolio Services, LLC is a debt collector as defined in the FDCPA.

11. Defendant Tabula Rasa International, Ltd. is a New York corporation with

principal offices at 501 John James Audubon Pkwy., Suite 303, Amherst, New York, 14228.

12. Defendant Tabula Rasa International, Ltd. operates a collection agency.

13. Defendant Tabula Rasa International, Ltd., uses the mails and telephone

system to conduct its business.

14. Defendant Tabula Rasa International, Ltd., is a debt collector as defined in

the FDCPA.

FACTS

15. On June 8, 2011, plaintiff, through counsel, sent Tabula Rasa International,

Ltd., a letter (Exhibit A) disputing a claimed debt and informing Tabula Rasa International, Ltd. that

plaintiff was represented by counsel.

16. On June 28, 2011, Tabula Rasa International, Ltd., responded to counsel

regarding the claimed debt (Exhibit B), stating that it was collecting an old judgment in favor of

Cavalry Portfolio Services, LLC.

17. On or about January 3, 2012, Tabula Rasa International, Ltd., acting on

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behalf of Cavalry Portfolio Services, LLC, sent plaintiff, directly, the letter attached as Exhibit C.

COUNT I – FDCPA

18. Plaintiff incorporates paragraphs 1-17.

19. Defendants violated 15 U.S.C. §1692c by contacting a represented party

directly.

20. Section 1692c provides:

§ 1692c. Communication in connection with debt collection 

(a) Communication with the consumer generally. Without the prior consent of

the consumer given directly to the debt collector or the express permission of

a court of competent jurisdiction, a debt collector may not communicate with

a consumer in connection with the collection of any debt–

. . . (2) if the debt collector knows 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, unless the attorney fails to

respond within a reasonable period of time to a communication from the

debt collector or unless the attorney consents to direct communication

with the consumer; . . . 

WHEREFORE, the Court should enter judgment in favor of plaintiff and against

defendants for:

(1) Statutory and actual damages;

(2) Attorney’s fees, litigation expenses and costs of suit;

(3) Such other and further relief as the Court deems proper.

s/Daniel A. Edelman

Daniel A. Edelman

Daniel A. Edelman

Cathleen M. Combs

James O. Latturner

Tiffany N. Hardy

EDELMAN, COMBS, LATTURNER

& GOODWIN, L.L.C.

120 S. LaSalle Street, 18th Floor

Chicago, Illinois 60603

(312) 739-4200

(312) 419-0379 (FAX)

T:\26532\Pleading\Complaint_Pleading.wpd

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NOTICE OF LIEN AND ASSIGNMENT

Please be advised that we claim a lien upon any recovery herein for 1/3 or such

amount as a court awards. All rights relating to attorney’s fees have been assigned to counsel.

s/Daniel A. Edelman

Daniel A. Edelman

Daniel A. Edelman

EDELMAN, COMBS, LATTURNER

& GOODWIN, LLC

120 S. LaSalle Street, 18th Floor

Chicago, Illinois 60603

(312) 739-4200

(312) 419-0379 (FAX)

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EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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