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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

NICOLE WHETSTONE, 

 Plaintiff, 

 v. 

GC SERVICES LIMITED PARTNERSHIP, 

 Defendant. 

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Case No.: 2:14-cv-12621 

Hon.

COMPLAINT

 NOW COMES Plaintiff, NICOLE WHETSTONE (“Plaintiff”), through his attorneys, 

KROHN & MOSS, LTD., and hereby alleges the following against Defendant, GC SERVICES 

LIMITED PARTNERSHIP (“Defendant”): 

INTRODUCTION

1. Count I of Plaintiff’s Complaint is based on the Fair Debt Collection Practices 

Act, 15 U.S.C. 1692 et seq. (“FDCPA”). 

2. Count II of Plaintiff’s Complaint is based on the Michigan Collection Practices 

Act, Mich. Comp. Law 445.901 et seq. (“MCPA”). 

JURISDICTION and VENUE

3. Jurisdiction of this court arises pursuant to 28 U.S.C. 1331 and 15 U.S.C. 

1692k(d), which states that such actions may be brought and heard before “any appropriate 

United States district court without regard to the amount in controversy.” 

4. Defendant conducts business in the State of Michigan thereby establishing 

personal jurisdiction. 

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5. Venue is proper pursuant to 28 U.S.C. 1391(b)(2), “a judicial district in which a 

substantial part of the events or omissions giving rise to the claim occurred...”

PARTIES

6. Plaintiff is a natural person residing in Clinton, Lenawee County, Michigan. 

7. Plaintiff is obligated, or allegedly obligated, to pay a debt as “debt” is defined by 

15 U.S.C. § 1692a(5) and Mich. Comp. Law 445.251(a) 

8. Plaintiff is a “consumer” as that term is defined by 15 U.S.C. § 1692a(3) and 

Mich. Comp. Law 445.251(d) 

9. Defendant is a business entity with an office located at 46330 Gulfton St., 

Houston, Texas 77081. 

10. Defendant is a debt collector / collection agency as that term is defined by 15 

U.S.C. 1692a(6) and Mich. Comp. Law 445.251(b). 

11. Defendant acted through its agents, employees, officers, members, directors, 

heirs, successors, assigns, principals, trustees, sureties, subrogees, representatives, and insurers. 

FACTUAL ALLEGATIONS

12. Defendant has been assigned an account from a third party to collect monies from 

Plaintiff which is believed to be owed and past due (“debt”). 

13. Upon information and belief, the alleged debt arises from transactions which 

were for personal, family and/or household purposes. 

14. In connection with its attempts to collect the alleged debt, Defendant started 

placing telephone calls (“collection calls”) to Plaintiff in March, 2014, at telephone number 

(616) 485-88xx. 

15. When Plaintiff is unable to answer her telephone, callers are given an opportunity 

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to record a message (“voicemail”) for Plaintiff. 

16. In or around March, 2013, Defendant placed a collection call to Plaintiff which 

she was not able to answer. 

17. Accordingly, Defendant recorded a message for Plaintiff on her voicemail. 

18. Defendant’s voicemail for Plaintiff stated: 

This message is for Nicole Whetstone, my name is collector’s 

name, I would appreciate your calling me back. You can reach me 

at 866-391-0768, extension 5095. Thank you. 

19. Defendant stated in its voicemail that the call was for Plaintiff and instructed 

Plaintiff to return the call to 866-391-0768, which is a telephone number assigned to Defendant 

by its telephone service provider(s). 

20. Defendant’s voicemail for Plaintiff failed to identify Defendant’s company or 

business name. 

21. Defendant’s voicemail for Plaintiff also failed to inform Plaintiff that Defendant, 

or its employee, was a debt collector. 

22. Defendant’s voicemail withheld the true nature of its call, to collect a debt, in 

order to deceive Plaintiff into calling Defendant and obtain payments directly. 

23. Defendant used deceptive representations in connection with its attempts to 

collect the alleged debt by not identifying itself, by not disclosing the true purpose of its phone 

call and by not disclosing that it is a debt collector. 

COUNT I

DEFENDANT VIOLATED THE FAIR DEBT COLLECTION PRACTICES ACT

24. Defendant violated the FDCPA based on the following: 

a. Defendant violated § 1692d of the FDCPA by engaging in conduct the 

natural consequence of which is to harass, oppress or abuse any person in 

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connection with the collection of a debt; 

b. Defendant violated § 1692d(6) of the FDCPA by not disclosing its identity 

in its written communication to Plaintiff; 

c. Defendant violated § 1692e(10) of the FDCPA by using deceptive means in 

an attempt to collect a debt; and 

d. Defendant violated § 1692e(11) of the FDCPA by failing to disclose in its 

written communication that it is a debt collector 

WHEREFORE, Plaintiff, NICOLE WHETSTONE, respectfully requests judgment be 

entered against Defendant, GC SERVICES LIMITED PARTNERSHIP, for the following: 

25. Statutory damages of $1,000.00 pursuant to the Fair Debt Collection Practices 

Act, 15 U.S.C. 1692k, 

26. Costs and reasonable attorneys’ fees pursuant to the Fair Debt Collection 

Practices Act, 15 U.S.C. 1692k, and 

27. Any other relief that this Honorable Court deems appropriate. 

COUNT II

DEFENDANT VIOLATED THE MICHIGAN COLLECTION PRACTICES ACT

28. Plaintiff repeats and re-alleges all of the allegations in Count I of Plaintiff’s 

Complaint as the allegations in Count II of Plaintiff’s Complaint. 

29. Defendant willfully violated the MCPA based on the following: 

a. Defendant violated § 445.252(a) of the MCPA by communicating with 

Plaintiff in a misleading and/or deceptive manner by withholding its 

identity and purpose for calling; 

b. Defendant violated § 445.252(e) of the MCPA by not revealing that the 

purpose of its message was to collect a debt. 

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WHEREFORE, Plaintiff, NICOLE WHETSTONE, respectfully requests judgment be 

entered against Defendant, GC SERVICES LIMITED PARTNERSHIP, for the following: 

30. Statutory damages of $150.00 pursuant to the Michigan Collection Practices Act, 

Mich. Comp. Law 445.257(2), 

31. Costs and reasonable attorneys’ fees pursuant to the Michigan Collection 

Practices Act, Mich. Comp. Law 445.257(2), and 

32. Any other relief that this Honorable Court deems appropriate. 

Dated: July 2, 2014 KROHN & MOSS, LTD. 

By: /s/ Adam T. Hill

Adam T. Hill 

KROHN & MOSS, LTD. 

10 N. Dearborn St., 3rd Fl. 

Chicago, Illinois 60602 

Telephone: 312-578-9428 

Telefax: 866-861-1390 

ahill@consumerlawcenter.com 

Attorneys for Plaintiff 

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