IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

Gloria Hendrieth, )

)

Plaintiff, )

 )

v. ) No. 12 C 2895

)

Main Street Acquisition Corporation, a )

Nevada corporation, Aegis Receivables )

Management, Inc., a Delaware )

corporation and Receivables ) 

Performance Management, LLC, a )

Washington limited liability company, )

)

Defendants. ) Jury Demanded

COMPLAINT

Plaintiff, Gloria Hendrieth, 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) parts of the acts and 

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

PARTIES

3. Plaintiff, Gloria Hendrieth ("Hendrieth"), is a citizen of the State of 

Michigan, from whom Defendants attempted to collect a delinquent consumer debt 

allegedly owed originally for an HSBC credit card, which was then allegedly owed to a 

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bad debt buyer, Main Street Acquisition Corporation, 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.

4. Defendant, Main Street Acquisition Corporation (“Mainstreet”), is a 

Nevada 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. Mainstreet 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 

Mainstreet 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 Mainstreet is a bad debt buyer that buys up large portfolios of 

delinquent consumer debts for pennies on the dollar, which it then seeks to collect 

through other debt collectors.

6. Defendant, Aegis Receivables Management, Inc. (“Aegis”), is a Delaware 

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. Aegis 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 Aegis 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, Receivables Performance Management, LLC (“RPM"), is a

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Washington 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, directly or indirectly, delinquent consumer debts. RPM 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 RPM 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. 

8. Defendants Mainstreet, Aegis and RPM are each 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, all Defendants conduct business in Illinois.

9. Defendants Mainstreet, Aegis and RPM 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, all Defendants act as 

collection agencies in Illinois.

FACTUAL ALLEGATIONS

10. Ms. Hendrieth is a disabled senior citizen, with limited assets and income, 

who fell behind on paying her bills, including a debt she owed originally to HSBC. At 

some point in time, Defendant Mainstreet bought Ms. Hendrieth’s HSBC debt, and when 

Defendants began trying to collect the HSBC debt from her, she sought the assistance 

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

financial difficulties and Defendants’ collection actions. 

11. Specifically, Defendant Mainstreet hired other debt collectors, FBCS and 

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Frontline Asset Strategies, LLC, to demand payment of the HSBC debt from Ms. 

Hendrieth. Accordingly, on December 28, 2009 and July 23, 2010, one of Ms. 

Hendrieth's attorneys at LASPD informed Defendant Mainstreet, through its collection 

agents (FBCS and Frontline Asset Strategies), that Ms. Hendrieth was represented by 

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

collection activities because Ms. Hendrieth was forced, by her financial circumstances, 

to refuse to pay her unsecured debt. Copies of these LASPD letters and fax 

confirmations are attached as Group Exhibit C. 

12. Undeterred, Defendant Mainstreet then had Defendant Aegis send Ms. 

Hendrieth a collection letter, dated July 26, 2011, which demanded payment of the 

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

13. Accordingly, on August 24, 2011, Ms. Hendrieth's LASPD attorney again 

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

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

14. In utter disregard that Ms. Hendrieth was represented by counsel and that 

she refused to pay the debt, Defendant Mainstreet then had Defendant RPM send Ms. 

Hendrieth a collection letter, dated September 22, 2011, which demanded payment of 

the HSBC debt. A copy of this collection letter is attached as Exhibit F.

15. Accordingly, on November 30, 2011, Ms. Hendrieth's LASPD attorney had 

to send Defendants yet another letter, directing them to cease communications and to 

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

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

year of the date of this Complaint. 

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17. 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 Communications And Cease Collections

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

19. 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).

20. Here, the letters from Ms. Hendrieth's agent/attorneys, 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.

21. 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

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

23. 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 

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

24. Defendants knew, or readily could have known, that Ms. Hendrieth was 

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

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

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

sending collection letters to Ms. Hendrieth, despite being advised that she was 

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

25. 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.

PRAYER FOR RELIEF

Plaintiff, Gloria Hendrieth, prays that this Court:

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

2. Enter judgment in favor of Plaintiff Hendrieth, 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, Gloria Hendrieth, demands trial by jury.

Gloria Hendrieth,

By: /s/ David J. Philipps___

One of Plaintiff's Attorneys

Dated: April 18, 2012

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

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

Philipps & Philipps, Ltd.

9760 S. Hendrieth Road

Suite One

Palos Hills, Illinois 60465

(708) 974-2900

(708) 974-2907 (FAX)

davephilipps@aol.com

mephilipps@aol.com

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