IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

KEVIN WHEELER, )

)

Plaintiff, )

)

vs. )

)

EVEREST RECEIVABLE SERVICES, INC., )

)

Defendant. )

COMPLAINT

INTRODUCTION

1. Plaintiff Kevin Wheeler brings this action to secure redress from unlawful

collection practices engaged in by Defendant Everest Receivable Services, Inc. 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 is a resident of New Lenox, Illinois. 

5. Defendant Everest Receivable Services, Inc., is a Delaware corporation

with its principal place of business in New York. It does business in Illinois. Its registered agent

and office is National Registered Agents, Inc., 200 W. Adams, Chicago, Illinois, 60606.

FACTS

6. Defendant has been attempting to collect from Plaintiff an alleged debt

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incurred, if at all, for personal, family or household purposes and not for business purposes.

7. During March-April 2012, Plaintiff received four voicemail messages 

from Defendant seeking to collect such debt.

8. The following message, received March 15, 2012 at about 3.29 p.m., is

typical:

Good afternoon. This message is intended solely for Mr. Kevin Wheeler. 

Mr. Wheeler, my name is Ms. [unclear], calling to verify the correct address

for the issuance of a legally required notice. Very important that I do speak

with you or anyone that could confirm this information. Sir, this is not a

solicitation call by any means and we do need to speak today. The number

where I can be reached to discuss this matter further will be toll free 855-

613-8152. My direct extension will be 114. Sir, I do wish you a good day and

good luck with this matter.

9. Plaintiff was harassed and annoyed by these messages.

10. On April 16, 2012, at 10:54 a.m., Defendant’s employee, Matt Murray,

called Plaintiff’s mother, Patricia Wheeler, on her cellular phone and left a message requesting

that she call him at (855)753-3248.

11. Patricia Wheeler called Mr. Murray, who gave her a file number (203-

1902) and requested that she have Plaintiff contact him.

12. On April 17, 2012, Plaintiff contacted Defendant and informed Mr. 

Murray that Plaintiff was represented by counsel. Plaintiff gave Mr. Murray his lawyer’s name

and telephone number. 

13. Subsequently, on April 19, 2012, Defendant sent Plaintiff a collection 

letter dated April 17, 2012. (Exhibit A).

14. The envelope in which Exhibit A was sent displayed Defendant’s business

name, Everest Receivable Services, Inc., which indicates that Defendant is in the debt collection

business, and that the correspondence relates to the collection of a debt. (Exhibit B).

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VIOLATIONS ALLEGED

COUNT I - FDCPA

15. Plaintiff incorporates paragraphs 1-14.

16. Defendant violated 15 U.S.C. §1692c, by communicating about

Plaintiff’s alleged debt to Patricia Wheeler. 

17. Section 1692c provides:

§ 1692c. Communication in connection with debt collection

[Section 805 of P.L.] 

 . (b) Communication with third parties--Except as provided in section 1692b

of this title, without the prior consent of the consumer given directly to the

debt collector, or the express permission of a court of competent jurisdiction,

or as reasonably necessary to effectuate a postjudgment judicial remedy, a

debt collector may not communicate, in connection with the collection of any

debt, with any person other than the consumer, his attorney, a consumer

reporting agency if otherwise permitted by law, the creditor, the attorney of

the creditor, or the attorney of the debt collector. . . .

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

Defendant 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.

COUNT II - FDCPA

18. Plaintiff incorporates paragraphs 1-14.

19. Defendant violated 15 U.S.C. §1692f(8) by including its business 

name, which indicates that it is in the debt collection business, on the outside of the envelope.

20. Section §1692f provides:

§1692f. Unfair Practices [Section 808 of P.L.]

A debt collector may not use unfair or unconscionable means to collect or

attempt to collect any debt. Without limiting the general application of the

foregoing, the following conduct is a violation of this section:

(8) Using any language or symbol, other than the debt collector's address, on

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any envelope when communicating with a consumer by use of the mails or by

telegram, except that a debt collector may use his business name if such

name does not indicate that he is in the debt collection business

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

Defendant for:

(1) Statutory damages;

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

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

COUNT III - FDCPA

21. Plaintiff incorporates paragraphs 1-14.

22. Defendant failed to provide the proper notice as required by 15 U.S.C.

1692g in Exhibit A. 

23. Specifically, Exhibit A violated §1692g(a)(4) by failing to inform Plaintiff 

that he must notify the debt collector in writing within thirty days if the debt or any portion

thereof is disputed.

24. Exhibit A also violated §1692g(a)(5) by failing to inform Plaintiff that 

upon Plaintiff’s written request within the thirty day period, the debt collector is required to 

provide him with the name and address of the original creditor if different from the current

creditor.

25. Section 1692g provides: 

§1692g. Validation of debts. [Section 809 of P.L.]

(a) Notice of debt; contents. Within five days after the initial communication

with a consumer in connection with the collection of any debt, a debt

collector shall, unless the following information is contained in the initial

communication or the consumer has paid the debt, send the consumer a

written notice containing--

(4) a statement that if the consumer notifies the debt collector in

writing within the thirty-day period that the debt, or any portion

thereof, is disputed, the debt collector will obtain verification of the

debt or a copy of a judgment against the consumer and a copy of such

verification or judgment will be mailed to the consumer by the debt

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collector; and

(5) a statement that, upon the consumer's written request within the

thirty-day period, the debt collector will provide the consumer with

the name and address of the original creditor, if different from the

current creditor.

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

Defendant for:

(1) Statutory 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:\26815\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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