UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

PATRICIA STANTON, ) 

 ) Case No. 

 Plaintiff, ) 

 ) COMPLAINT

 v. ) 

 ) JURY DEMANDED 

AMCOL SYSTEMS, INC., ) 

 ) 

Defendant. ) 

 

 

Now comes the Plaintiff, PATRICIA STANTON, by and through his attorneys, and for 

his Complaint, against the Defendant, AMCOL SYSTEMS, INC., Plaintiff alleges and states as 

follows: 

PRELIMINARY STATEMENT

 1. This is an action for damages for violations of the Fair Debt Collection Practices 

Act (“FDCPA”), 15 U.S.C. § 1692, et seq. and 15 U.S.C. § 1681 et seq., the Fair Credit 

Reporting Act (“FCRA”). 

JURISDICTION AND VENUE 

 2. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1337 and 1367, and 15 

U.S.C. § 1692k(d). This jurisdiction includes supplemental jurisdiction with respect to pendent 

state law claims. 

 3. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) because a 

substantial part of the events and omissions giving rise to this claim occurred in this District. 

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PARTIES 

4. Plaintiff is an individual who was at all relevant times residing in Oak Park, 

Michigan. 

5. Plaintiff is a “consumer” as defined in 15 U.S.C. § 1692a(3), as she is a natural 

person allegedly obligated to pay a debt. 

6. At all relevant times, Defendant acted as a “debt collector” within the meaning of 

15 U.S.C. § 1692a(6), in that it held itself out to be a company collecting a consumer debt 

allegedly owed by Plaintiff. 

7. The aforementioned alleged debt is a “debt” within the meaning of 15 U.S.C. § 

1692a(5), in that it is an alleged obligation of a consumer to pay money arising out of a 

transaction in which the money, property, insurance and/or services which are the subject of the 

transaction were primarily for personal, family and/or household purposes. 

8. On information and belief, Defendant is a corporation of the State of South 

Carolina, which is licensed to do business in Michigan, and which has its principal place of 

business in Columbia, South Carolina. 

FACTS COMMON TO ALL COUNTS 

9. On July 8, 2011, Plaintiff filed a voluntary Chapter 7 bankruptcy petition in the 

United States Bankruptcy Court for the Eastern District of Michigan, case number 11-58747-tjt. 

Plaintiff received his Chapter 7 discharge from the Bankruptcy Court on October 18, 2011. 

10. In her bankruptcy petition, Plaintiff listed a debt allegedly owed to Providence 

Hospital. 

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11. Despite Plaintiff’s bankruptcy discharge, Defendant is still reporting two 

allegedly unpaid accounts to at least one credit reporting bureau, claiming that Plaintiff owes an 

alleged debt or debts. Thus, Plaintiff’s credit report indicates that she owes alleged debts which 

were discharged in her bankruptcy case. 

12. Defendant has reported the two allegedly unpaid accounts on Plaintiff’s 

TransUnion credit report as “Placed for Collection.” 

 13. In its attempts to collect the alleged debt as outlined above, Defendant damaged 

Plaintiff and violated the FDCPA. 

 14. As a result of Defendant’s actions as outlined above, Plaintiff has suffered and 

continues to suffer humiliation, embarrassment, stress, aggravation, emotional distress, mental 

anguish and damage to his reputation for creditworthiness. 

COUNT I 

15. Plaintiff incorporates all of the allegations and statements made above as if 

reiterated herein.

16. Defendant violated 15 U.S.C. § 1692e by using a false, deceptive and/or 

misleading representation or means in connection with the collection of the alleged debt 

 WHEREFORE, Plaintiff prays for the following relief: 

a. Judgment against Defendant for Plaintiff’s actual damages suffered as a 

direct and proximate result of Defendant’s violations of the FDCPA, 

pursuant to 15 U.S.C. §1692k(a)(1); 

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b. Judgment against Defendant for $1,000 in statutory damages for 

Defendant’s violations of the FDCPA, pursuant to 15 U.S.C. 

§1692k(a)(2)(A); 

c. Judgment against Defendant for Plaintiff’s reasonable attorneys’ fees and 

costs incurred in this action, pursuant to 15 U.S.C. §1692k(a)(3); and 

d. Any other legal and/or equitable relief as the Court deems appropriate. 

COUNT II 

17. Plaintiff incorporates all of the allegations and statements made above as if 

reiterated herein.

18. Defendant violated 15 U.S.C. § 1692e(8) by communicating or threatening to 

communicate credit information which was known or which should have been known to be false, 

including failing to communicate that the alleged debt was disputed. 

 WHEREFORE, Plaintiff prays for the following relief: 

a. Judgment against Defendant for Plaintiff’s actual damages suffered as a 

direct and proximate result of Defendant’s violations of the FDCPA, 

pursuant to 15 U.S.C. §1692k(a)(1); 

b. Judgment against Defendant for $1,000 in statutory damages for 

Defendant’s violations of the FDCPA, pursuant to 15 U.S.C. 

§1692k(a)(2)(A); 

c. Judgment against Defendant for Plaintiff’s reasonable attorneys’ fees and 

costs incurred in this action, pursuant to 15 U.S.C. §1692k(a)(3); and 

d. Any other legal and/or equitable relief as the Court deems appropriate. 

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COUNT III 

19. Plaintiff incorporates all of the allegations and statements made above as if 

reiterated herein.

20. Defendant violated 15 U.S.C. § 1692e(10) by using a false, deceptive or 

misleading representation or means in connection with the collection of the alleged debt and/or 

to obtain information about Plaintiff. 

 WHEREFORE, Plaintiff prays for the following relief: 

a. Judgment against Defendant for Plaintiff’s actual damages suffered as a 

direct and proximate result of Defendant’s violations of the FDCPA, 

pursuant to 15 U.S.C. §1692k(a)(1); 

b. Judgment against Defendant for $1,000 in statutory damages for 

Defendant’s violations of the FDCPA, pursuant to 15 U.S.C. 

§1692k(a)(2)(A); 

c. Judgment against Defendant for Plaintiff’s reasonable attorneys’ fees and 

costs incurred in this action, pursuant to 15 U.S.C. §1692k(a)(3); and 

d. Any other legal and/or equitable relief as the Court deems appropriate. 

COUNT IV 

21. Plaintiff incorporates all of the allegations and statements made above as if 

reiterated herein. 

22. Defendant violated 15 U.S.C. § 1692f by using an unfair or unconscionable 

means to attempt to collect the alleged debt. 

 WHEREFORE, Plaintiff prays for the following relief: 

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a. Judgment against Defendant for Plaintiff’s actual damages suffered as a 

direct and proximate result of Defendant’s violations of the FDCPA, 

pursuant to 15 U.S.C. §1692k(a)(1); 

b. Judgment against Defendant for $1,000 in statutory damages for 

Defendant’s violations of the FDCPA, pursuant to 15 U.S.C. 

§1692k(a)(2)(A); 

c. Judgment against Defendant for Plaintiff’s reasonable attorneys’ fees and 

costs incurred in this action, pursuant to 15 U.S.C. §1692k(a)(3); and 

d. Any other legal and/or equitable relief as the Court deems appropriate. 

JURY DEMAND 

 Plaintiff demands a trial by jury on all issues in this action, except for any issues relating 

to the amount of attorneys’ fees and litigation costs to be awarded should Plaintiff prevail on any 

of her FDCPA claims in this action. 

 

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RESPECTFULLY SUBMITTED, 

PATRICIA STANTON 

 

 

 By: /s/ Morris B. Lefkowitz 

Morris B. Lefkowitz 

Michigan Attorney No. P31335 

Attorney for Plaintiff 

Lefkowitz Law Group 

24100 Southfield Road 

Suite 203 

Southfield, MI 48075 

Phone: (248) 569-0180 

Fax: (248) 559-0175 

morrie@lefkowitzlawgroup.com 

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