IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

Dorothy Coleman, )

)

Plaintiff, )

 )

v. ) No. 12 C 2959

)

CIGPF I Corp., a New York corporation, )

Apex Financial Management, LLC, an )

Illinois limited liability company, and )

Client Services, Inc., a Missouri ) 

corporation, )

)

Defendants. ) Jury Demanded

COMPLAINT

Plaintiff, Dorothy Coleman, 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, Dorothy Coleman ("Coleman"), is a citizen of the State of New 

York, from whom Defendants attempted to collect a delinquent consumer debt, which 

was then allegedly owed to a bad debt buyer, CIGPF I Corp., despite the fact that she 

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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.

4. Defendant, CIGPF I Corp. (“CIGPFI"), is a New York 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, directly or indirectly, 

delinquent consumer debts. CIGPFI 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, Defendant CIGPFI was acting as a 

debt collector, as that term is defined in the FDCPA, as to the delinquent consumer debt 

it attempted to collect from Plaintiff. 

5. Defendant, Apex Financial Management, LLC (“Apex”), is an Illinois 

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. From its offices in Buffalo Grove, Illinois, Apex

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, Defendant Apex was acting as a debt collector, as that term is defined in the 

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

6. Defendant, Client Services (“Client Services”), is a Missouri 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. Client Services operates a nationwide delinquent debt collection 

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business, and attempts to collect debts from consumers in virtually every state, 

including consumers in the State of Illinois. In fact, Defendant Client Services was 

acting as a debt collector, as that term is defined in the FDCPA, as to the delinquent 

consumer debt it attempted to collect from Plaintiff.

7. Defendant CIGPFI is a bad debt buyer that acquires portfolios of defaulted 

consumer debts, which it then collects upon through other collection agencies, such as 

Defendants Apex and Client Services.

8. Defendants are all authorized to conduct business in the State of Illinois 

and maintain registered agents within the State of Illinois, see, records from the Illinois 

Secretary of State, attached as Group Exhibit A. In fact, CIGPFI, Apex and Client

Services each conduct extensive and substantial business in Illinois.

9. Defendants Apex and Client Services are each 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, Defendants Apex and Client Services

act as collection agencies in Illinois.

FACTUAL ALLEGATIONS

10. Ms. Coleman is a senior citizen, with limited assets and income, who fell 

behind on paying her bills. At some point in time, Defendant CIGPFI bought/obtained

one of Ms. Coleman’s delinquent credit card debts, and when Defendant CIGPFI began 

trying to collect the debt from her, by having Defendant Apex send Ms. Coleman a 

collection letter during June, 2011, she sought the assistance of legal aid attorneys at 

the Chicago Legal Clinic’s LASPD program, regarding her financial difficulties and 

Defendants’ collection actions. A copy of this June, 2011 collection letter is attached as 

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Exhibit C. 

11. Accordingly, on June 27, 2011, one of Ms. Coleman's attorneys at LASPD 

informed Defendants CIGPFI and Apex that Ms. Coleman was represented by counsel, 

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

activities because Ms. Coleman was forced, by her financial circumstances, to refuse to 

pay her unsecured debt. Copies of this letter and fax confirmation are attached as

Exhibit D. 

12. Either Defendant CIGPFI ignored these notifications, or Defendant Apex

failed to provide this information to CIGPFI. Either way, Defendant CIGPFI then had 

Defendant Client Services send Ms. Coleman a collection letter, dated January 5, 2012, 

which demanded payment of the debt. A copy of this collection letter is attached as 

Exhibit E. If Apex properly notified CIGPFI, then it will be dismissed from this Complaint 

and, if not, it should be held liable for the other Defendants’ subsequent actions. 

13. Accordingly, on January 9, 2012, Ms. Coleman's LASPD attorney again 

sent Defendants a letter, directing Defendants to cease communications and to cease 

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

14. Defendants’ collection actions complained of herein occurred within one 

year of the date of this Complaint. 

15. 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).

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COUNT I

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

Failure To Cease Communications And Cease Collections

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

17. 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).

18. Here, the letter from Ms. Coleman's agent/attorney, LASPD, told 

Defendants to cease communications and cease collections. By continuing to 

communicate regarding this debt and demanding payment, Defendants violated § 

1692c(c) of the FDCPA.

19. Defendants’ violations of § 1692c(c) of the FDCPA render 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

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

21. 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 debt and has knowledge of, or can 

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

22. Defendants knew, or readily could have known, that Ms. Coleman was 

represented by counsel in connection with her debts because her attorneys at LASPD 

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had informed Defendants, in writing, that Ms. Coleman was represented by counsel, 

and had directed a cessation of communications with Ms. Coleman. By directly sending 

a collection letter to Ms. Coleman, despite being advised that she was represented by

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

23. Defendants’ violations of § 1692c(a)(2) of the FDCPA render them liable 

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

U.S.C. § 1692k.

COUNT III

Violations Of § 1692f Of The FDCPA -- 

Use of Unfair or Unconscionable Collection Means 

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

25. Section 1692f of the FDCPA prohibits a debt collector from using any 

unfair or unconscionable means to collect or attempt to collect a debt, see, 15 U.S.C. §

1692f(1). 

26. Defendant Apex’s failure to notify Defendants CIGPFI and Client Services

that the account was subject to a cease collections, cease communications and 

attorney representation, or Defendants CIGPFI’s and Client Services’ failure to take 

head of that notice, constitutes unfair or unconscionable means to collect a debt, in 

violation of § 1692f of the FDCPA.

27. Defendants’ violations of § 1692f of the FDCPA render them liable for 

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

1692k.

PRAYER FOR RELIEF

Plaintiff, Dorothy Coleman, prays that this Court:

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

2. Enter judgment in favor of Plaintiff Coleman, 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, Dorothy Coleman, demands trial by jury.

Dorothy Coleman,

By: /s/ David J. Philipps___

One of Plaintiff's Attorneys

Dated: April 20, 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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