IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

Shirley Evans, )

)

Plaintiff, )

 )

v. ) No. 12 C 1656

)

NCO Financial Systems, Inc., a )

Pennsylvania corporation, )

)

Defendant. ) Jury Demanded

COMPLAINT

Plaintiff, Shirley Evans, brings this action under the Fair Debt Collection Practices 

Act, 15 U.S.C. § 1692, et seq. ("FDCPA"), for a finding that Defendant’s debt collection 

actions violated the FDCPA, and to recover damages for Defendant’s 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) the acts and transactions 

occurred here; and, b) Defendant resides and transacts business here.

PARTIES

3. Plaintiff, Shirley Evans (“Evans"), is a citizen of the State of New York,

from whom Defendant attempted to collect a delinquent consumer debt owed for an 

HSBC credit card, 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 

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

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4. Defendant, NCO Financial Systems, Inc., (“NCO”), is a Pennsylvania

corporation 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. From its offices in Illinois, and 31 other states, as well as

11 foreign countries, Defendant NCO operates a nationwide debt collection business 

and attempts to collect debts from consumers in every state, including thousands of 

consumers in the State of Illinois. In fact, Defendant NCO was acting as a debt 

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

5. Defendant NCO is authorized to conduct business in Illinois, and 

maintains a registered agent here, see, record from the Illinois Secretary of State, 

attached as Exhibit A. In fact, NCO conducts business in Illinois.

6. Moreover, Defendant NCO is licensed as a collection agency in Illinois, 

see, record from the Illinois Division of Professional Regulation, attached as Exhibit B. 

In fact, NCO acts as a debt collector in Illinois.

FACTUAL ALLEGATIONS

7. Ms. Evans is a disabled senior citizen, with limited assets and income, 

who fell behind on paying her bills. When NCO began trying to collect the HSBC debt

from Ms. Evans, by sending her a collection letter dated June 6, 2011, she sought the 

assistance of the legal aid attorneys at the Chicago Legal Clinic’s LASPD program, 

regarding her financial difficulties and Defendant NCO’s collection actions. A copy of 

Defendant NCO’s collection letter is attached as Exhibit C.

8. Accordingly, on June 22, 2011, one of Ms. Evans' attorneys at LASPD 

informed NCO, in writing, that Ms. Evans was represented by counsel, and directed 

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NCO to cease contacting her, and to cease all further collection activities because Ms. 

Evans was forced, by her financial circumstances, to refuse to pay her unsecured debts. 

Copies of this letter and fax confirmation are attached as Exhibit D. 

9. Nonetheless, Defendant NCO continued to call Ms. Evans directly in an 

attempt to collect the HSBC debt from her, including, but not limited to, telephone calls

on or about December 27 and 28, 2011, from phone number 888-245-3420.

10. Accordingly, on December 29, 2011, one of Ms. Evans’ LASPD attorneys 

had to write to Defendant NCO again to demand that it cease communications and 

cease collection of the HSBC debt. Copies of this letter and fax confirmation are 

attached as Exhibit E.

11. Defendant NCO’s collection actions complained of herein occurred within 

one year of the date of this Complaint. 

12. Defendant NCO’s 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 Communications And Cease Collections

13. Plaintiff adopts and realleges ¶¶ 1-12.

14. 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).

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15. Here, the letter (Exhibit D) from Ms. Evans', agent/attorney, LASPD, told 

Defendant NCO to cease communications and cease collections. By continuing to 

communicate regarding this debt and demanding payment, Defendant NCO violated § 

1692c(c) of the FDCPA.

16. Defendant NCO’s violations of § 1692c(c) of the FDCPA render it 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

17. Plaintiff adopts and realleges ¶¶ 1-12.

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

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

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

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

19. Defendant NCO knew that Ms. Evans was represented by counsel in 

connection with her debts because her attorneys at LASPD had informed Defendant, in 

writing (Exhibit D), that she was represented by counsel, and had directed Defendant 

NCO to cease directly communicating with her. By directly calling Ms. Evans, despite 

being advised that she was represented by counsel, Defendant NCO violated § 1692c

(a)(2) of the FDCPA.

20. Defendant NCO’s violations of § 1692c(a)(2) of the FDCPA render it liable 

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

U.S.C. § 1692k.

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PRAYER FOR RELIEF

Plaintiff, Shirley Evans, prays that this Court:

1. Find that Defendant NCO’s debt collection actions violated the FDCPA;

2. Enter judgment in favor of Plaintiff Evans, and against Defendant NCO, 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, Shirley Evans, demands trial by jury.

Shirley Evans,

By: /s/ David J. Philipps________

One of Plaintiff’s Attorneys

Dated: March 7, 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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