Defendant RGS Financial, Inc.’s First Amended Answer Page 1 of 7 

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

SHANNA BYNES,

individually and on behalf of all 

those similarly situated, 

 Plaintiff,

v. 

RGS FINANCIAL, INC.,

 Defendant.

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Case No.: 1:22-cv-22967-BB

DEFENDANT RGS FINANCIAL, INC.’S FIRST AMENDED ANSWER TO 

PLAINTIFF’S CLASS ACTION COMPLAINT

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Defendant RGS Financial, Inc. (“Defendant”), by and through its 

undersigned counsel, and files its First Amended Answer to Plaintiff Shanna Bynes (“Plaintiff”)’s 

Class Action Complaint as follows:

NATURE OF ACTION

1. Defendant denies Paragraph 1 as it is an incomplete and/or inaccurate statement of law.

2. Defendant denies Paragraph 2 as it is an incomplete and/or inaccurate statement of law.

3. Defendant denies Paragraph 3 as it is an incomplete and/or inaccurate statement of law.

4. Defendant denies Paragraph 4 as it is an incomplete and/or inaccurate statement of law.

5. Defendant admits that Plaintiff brings this action, individually and on behalf of a putative 

class, under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. Defendant 

denies any violation of the FDCPA. Defendant further denies that a class is appropriate for this 

matter.

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Defendant RGS Financial, Inc.’s First Amended Answer Page 2 of 7 

JURISDICTION AND VENUE

6. Defendant lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 6; therefore, it denies the same.

7. Defendant lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 7; therefore, it denies the same.

8. Defendant lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 8; therefore, it denies the same.

9. Defendant lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 9; therefore, it denies the same.

PARTIES

10. Defendant admits Plaintiff is a natural person. Defendant lacks information or knowledge 

sufficient to admit or deny the remainder of Paragraph 10; therefore, Defendant denies the same. 

11. Defendant denies Paragraph 11. 

DEMAND FOR JURY TRIAL

12. Defendant admits Plaintiff seeks a trial by jury.

ALLEGATIONS

13. Defendant admits that at times it acts as a debt collector, however, it lacks knowledge or 

information sufficient to form a belief about the truth of whether it acted as a “debt collector” as 

the term is defined under the FDCPA in this particular matter; therefore, it denies the same.

14. Defendant lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 14; therefore, it denies the same.

15. Defendant lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 15; therefore, it denies the same.

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Defendant RGS Financial, Inc.’s First Amended Answer Page 3 of 7

16. Defendant lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 16; therefore, it denies the same.

17. Defendant lacks knowledge or information sufficient to form a belief about the truth of 

Paragraph 17; therefore, it denies the same.

18. Defendant denies Paragraph 18 as it is an incomplete and/or inaccurate statement of law.

19. Defendant admits that at times it acts as a debt collector, however, it lacks knowledge or 

information sufficient to form a belief about the truth of whether it acted as a “debt collector” as 

the term is defined under the FDCPA in this particular matter; therefore, it denies the same.

20. Defendant admits that at times it acts as a debt collector, however, it lacks knowledge or 

information sufficient to form a belief about the truth of whether it acted as a “debt collector” as 

the term is defined under the FDCPA in this particular matter; therefore, it denies the same.

21. Defendant admits that at times it acts as a debt collector, however, it lacks knowledge or 

information sufficient to form a belief about the truth of whether it acted as a “debt collector” as 

the term is defined under the FDCPA in this particular matter; therefore, it denies the same.

22. Defendant admits Paragraph 22.

23. Defendant admits Paragraph 23.

24. Defendant admits that it maintains records as required by all applicable laws. 

25. Defendant admits that it maintains records as required by all applicable laws. 

26. Defendant admits that it maintains records as required by all applicable laws. 

27. Defendant admits that it handles all consumer documents and information as required by 

all applicable laws. 

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Defendant RGS Financial, Inc.’s First Amended Answer Page 4 of 7

28. Defendant admits that at times it acts as a debt collector, however, it lacks knowledge or 

information sufficient to form a belief about the truth of whether it acted as a “debt collector” as 

the term is defined under the FDCPA in this particular matter; therefore, it denies the same.

29. Defendant denies Paragraph 29 as it is an incomplete and/or inaccurate statement of law.

30. Defendant asserts that Paragraph 30 speaks for itself.

31. Defendant admits that at times it acts as a debt collector, however, it lacks knowledge or 

information sufficient to form a belief about the truth of whether it acted as a “debt collector” as 

the term is defined under the FDCPA in this particular matter; therefore, it denies the same.

32. Defendant admits Paragraph 32.

33. Defendant denies Paragraph 33 as it is an incomplete and/or inaccurate statement of law.

34. Defendant denies Paragraph 34 as it is an incomplete and/or inaccurate statement of law.

35. Defendant denies Paragraph 35, and its subparts, as incomplete and/or inaccurate 

statements of law.

36. Defendant denies Paragraph 36 as it is an incomplete and/or inaccurate statement of law.

37. Defendant denies Paragraph 37 as it is an incomplete and/or inaccurate statement of law.

38. Defendant denies Paragraph 38 as it is an incomplete and/or inaccurate statement of law.

39. Defendant denies Paragraph 39 as it is an incomplete and/or inaccurate statement of law.

40. Defendant asserts that Paragraph 40 speaks for itself.

41. Defendant asserts that Paragraph 41 speaks for itself.

42. Defendant asserts that Paragraph 42 speaks for itself.

43. Defendant asserts that Paragraph 43 speaks for itself.

44. Defendant denies Paragraph 44 as it is an incomplete and/or inaccurate statement of law.

45. Defendant denies Paragraph 45.

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Defendant RGS Financial, Inc.’s First Amended Answer Page 5 of 7 

CLASS ALLEGATIONS

46. Defendant admits that Plaintiff brings this suit as a class action. Defendant denies that a 

class is appropriate for this matter.

47. Defendant admits that Plaintiff brings this suit as a class action. Defendant denies that a 

class is appropriate for this matter.

48. Defendant admits that Plaintiff brings this suit as a class action. Defendant denies that a 

class is appropriate for this matter.

49. Defendant admits that Plaintiff brings this suit as a class action. Defendant denies that a 

class is appropriate for this matter.

50. Defendant admits that Plaintiff brings this suit as a class action. Defendant denies that a 

class is appropriate for this matter.

51. Defendant admits that Plaintiff brings this suit as a class action. Defendant denies that a 

class is appropriate for this matter.

52. Defendant admits that Plaintiff brings this suit as a class action. Defendant denies that a 

class is appropriate for this matter.

53. Defendant admits that Plaintiff brings this suit as a class action. Defendant denies that a 

class is appropriate for this matter.

54. Defendant admits that Plaintiff brings this suit as a class action. Defendant denies that a 

class is appropriate for this matter.

55. Defendant admits that Plaintiff brings this suit as a class action. Defendant denies that a 

class is appropriate for this matter.

56. Defendant admits that Plaintiff brings this suit as a class action. Defendant denies that a 

class is appropriate for this matter.

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Defendant RGS Financial, Inc.’s First Amended Answer Page 6 of 7 

57. Defendant admits that Plaintiff brings this suit as a class action. Defendant denies that a 

class is appropriate for this matter.

COUNT I

58. Defendant repeats the above responses as if fully set forth herein.

59. Defendant denies Paragraph 59 as it is an incomplete and/or inaccurate statement of law.

60. Defendant denies Paragraph 60 as it is an incomplete and/or inaccurate statement of law.

61. Defendant denies Paragraph 61 as it is an incomplete and/or inaccurate statement of law.

62. Defendant denies Paragraph 62. 

PRAYER FOR RELIEF

63. Defendant denies Plaintiff’s Prayer for Relief and its subparts and further denies Plaintiff 

is entitled to any relief or damages.

AFFIRMATIVE DEFENSES

64. Defendant states that the alleged violation of the FDCPA, if it occurred, was the result of 

a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any 

such error. Specifically, Defendant has a written policy whereby letters sent to debtors are 

reviewed, revised (if necessary), and approved to ensure compliance with all relevant state and 

federal laws, including Regulation F. During this process, if a letter contains any type of 

calculation, the letter is reviewed to ensure that the calculation is correct and in line with all 

applicable laws, again, including Regulation F. 

65. Plaintiff’s damages, if any, are the result of the actions of third parties over whom 

Defendant has no control. 

66. Plaintiff’s damages, if any, were pre-existing damages not caused by Defendant. 

67. Plaintiff has failed to mitigate damages, if any.

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Defendant RGS Financial, Inc.’s First Amended Answer Page 7 of 7 

68. Plaintiff proximately caused her own damages, if any.

WHEREFORE, PREMISES CONSIDERED, Defendant RGS Financial, Inc. respectfully 

requests that Plaintiff take nothing herein, that it be dismissed with its costs, and all other and 

further relief, at law or in equity, to which it may be justly entitled.

Dated: October 12, 2022 Respectfully submitted,

MALONE FROST MARTIN PLLC

/s/ Chelsey R. Pankratz 

CHELSEY R. PANKRATZ

FL State Bar No. 120912 

Email: cpankratz@mamlaw.com

MALONE FROST MARTIN PLLC

301 W. Bay Street, Suite 14147 

Jacksonville, FL, US 32202 

T: 214-346-2630 | F: 214-346-2631 

COUNSEL FOR DEFENDANT 

RGS FINANCIAL, INC. 

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing document has been forwarded 

via CM/ECF system to all parties entitled to notice of the same on this 12th day of October 2022. 

/s/ Chelsey R. Pankratz 

CHELSEY R. PANKRATZ

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