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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

RAFFAELE MALIZIA, )

)

Plaintiff, )

) Civil Action No. 2:14-cv-14756

v. )

)

EQUITYEXPERTS.ORG, LLC, ) Complaint

)

Defendant. ) Jury Trial Demanded

______________________________________ )

NATURE OF ACTION

1. This is an action brought pursuant to the Fair Debt Collection Practices Act 

(“FDCPA”), 15 U.S.C. § 1692 et seq.

JURISDICTION AND VENUE

2. This Court has jurisdiction pursuant to 15 U.S.C. § 1692k(d) and 28 U.S.C. 

§ 1331.

3. Venue is proper before this Court pursuant to 28 U.S.C. § 1391(b), where 

the acts and transactions giving rise to Plaintiff’s action occurred in this district, where 

Plaintiff resides in this district, and where Defendant transacts business in this district.

PARTIES

4. Raffaele Malizia (“Plaintiff”) is a natural person who at all relevant times 

resided in the State of Michigan, County of Wayne, and City of Livonia.

5. Plaintiff is a “consumer” as defined by 15 U.S.C. § 1692a(3).

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6. EquityExperts.org, LLC (“Defendant”) is an entity that at all relevant times 

was engaged, by use of the mails and telephone, in the business of attempting to collect a 

“debt” from Plaintiff, as defined by 15 U.S.C. § 1692a(5).

7. Defendant uses instrumentalities of interstate commerce or the mails in a 

business the principal purpose of which is the collection of any debts, and/or regularly 

collects or attempts to collect, directly or indirectly, debts owed or due, or asserted to be 

owed or due, another.

8. Defendant is a “debt collector” as defined by 15 U.S.C. § 1692a(6).

FACTUAL ALLEGATIONS

9. Plaintiff is a natural person obligated, or allegedly obligated, to pay a debt 

owed or due, or asserted to be owed or due, a creditor other than Defendant.

10. Plaintiff’s alleged obligation arises from a transaction in which the money, 

property, insurance, or services that are the subject of the transaction were incurred 

primarily for personal, family, or household purposes—specifically, condominium 

assessments (the “Debt”).

11. Plaintiff’s Debt was considered by the original creditor to be in default 

when referred to Defendant for collection.

12. Defendant, a Michigan-based debt collector, utilizes a five-step process to 

collect debts on behalf of its association clients. 

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13. As touted on its web site, Defendant first notifies an alleged debtor that his 

debt has been referred to a collection agency and that if full payment is not made within 

30 days, a lien will be filed on the consumer’s home.1 

14. Defendant charges consumers for sending this initial collection letter. 

15. If full payment is not made within 30 days, Defendant then files a lien on 

the consumer’s home, and charges the consumer additional fees for doing so. 

16. At that point, if the consumer does not resolve his debt—and Defendant’s 

resulting fees—the consumer’s file would move to the “constant contact” phase, whereby 

Defendant repeatedly calls and sends letters to the consumer in an attempt to collect the 

alleged debt. At the same time, Defendant tacks on an additional fee. 

17. Thereafter, if the outstanding debt still is not resolved, Defendant notifies 

the consumer of its intent to foreclose on the consumer’s home and move forward with 

foreclosure by advertisement. 

18. In connection with the collection of the Debt, Defendant filed a lien for 

nonpayment of condominium assessments on Plaintiff’s home on February 20, 2014.

19. The lien alleged that Plaintiff owed $1,520.00 to Newburgh Park 

Condominium Association, including interest, costs, collection fees, and attorney fees.

20. In connection with the collection of the Debt, Defendant drafted and mailed

to Plaintiff, or caused to be mailed to Plaintiff, correspondence dated August 12, 2014. A 

 

1

See http://www.equityexperts.org/faq-page#n34 (last visited Dec. 15, 2014).

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true and correct copy of Defendant’s August 12, 2014 communication is attached hereto 

as Exhibit A.

21. The August 12, 2014 communication stated that Plaintiff owed $2,290.00

and that an additional fee of $1,495.00 would be added if Plaintiff did not pay within 10 

days. Ex. A.

22. The August 12, 2014 correspondence further indicated that “[i]f you do not 

pay within 10 days, balance will be at least $3,800.00.” Ex. A.

23. Defendant’s August 12, 2014 correspondence indicated that the balance 

was increasing from $2,290.00 to “at least” $3,800.00 within ten days. The 

correspondence additionally indicated that the $2,290.00 balance would increase by 

$1,495.00 within 10 days. These two figures represent mutually exclusive balances.

24. By indicating two conflicting future balances, Defendant’s August 12, 2014 

correspondence falsely represented the character, amount, or legal status of the alleged 

Debt.

25. In further connection with the collection of the Debt, Defendant mailed or 

caused to be mailed to Plaintiff, correspondence dated October 9, 2014 which indicated a 

current balance of $4,655.00. A true and correct copy of Defendant’s October 9, 2014 

communication is attached hereto as Exhibit B.

26. The October 9, 2014 communication stated, “This letter serves as notice 

that your property may be submitted to the Legal News/Daily Report to begin foreclosure 

proceedings, pending board approval.” Ex. B.

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27. The October 9, 2014 communication stated that Plaintiff’s balance would 

increase to at least $8,100.00—from $4,655.00—if Plaintiff did not make payment within 

10 days. Ex. B.

28. Upon information and good faith belief, the increases in the balance due 

were neither expressly authorized by the agreement creating the debt nor were they 

otherwise permitted by law.

29. Moreover, upon information and good faith belief, the increases in the 

balance due were substantially more than any costs of collection borne by the original 

creditor.

30. Plaintiff subsequently entered into a payment plan with Defendant.

31. Plaintiff has paid monies to Defendant for Defendant’s supposed fees and 

costs of collection.

COUNT I

VIOLATION OF 15 U.S.C. § 1692e(2)(A)

32. Plaintiff repeats and re-alleges each and every factual allegation contained 

in Paragraphs 1-31 above

33. 15 U.S.C. § 1692e(2)(A) provides: 

False or misleading representations

A debt collector may not use any false, deceptive, or 

misleading representation or means in connection with the 

collection of any debt. Without limiting the general 

application of the foregoing, the following conduct is a 

violation of this section:

(2) The false representation of—

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(A) the character, amount, or legal status of any debt;

34. In its August 12, 2014 communication, Defendant falsely, deceptively, 

and/or misleadingly stated the amount of the Debt will increase to both “at least” 

$3,800.00, as well as $2,290.00 plus $1,495.00, within 10 days. $3,785.00 is not “at 

least” $3,800.00.

35. Defendant’s October 9, 2014 communication falsely, deceptively, and/or 

misleadingly stated that Plaintiff’s balance would increase to at least $8,100.00—from 

$4,655.00—if Plaintiff did not make payment within 10 days. 

36. Defendant violated 15 U.S.C. § 1692e(2)(A) by falsely representing the 

character, amount, or legal status of the alleged Debt.

WHEREFORE, Plaintiff prays for relief and judgment, as follows: 

a) Adjudging that Defendant violated 15 U.S.C. § 1692e(2)(A);

b) Awarding Plaintiff statutory damages, pursuant to 15 U.S.C. § 

1692k(a)(2)(A), in the amount of $1,000.00;

c) Awarding Plaintiff actual damages, pursuant to 15 U.S.C. § 1692k(a)(1);

d) Awarding Plaintiff reasonable attorneys’ fees and costs incurred in this 

action pursuant to 15 U.S.C. § 1692k(a)(3); 

e) Awarding Plaintiff pre-judgment and post-judgment interest as permissible 

by law; and

f) Awarding such other and further relief as the Court may deem just and 

proper.

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COUNT II

VIOLATION OF 15 U.S.C. § 1692f(1)

37. Plaintiff repeats and re-alleges each and every factual allegation contained

in Paragraphs 1-31 above.

38. 15 U.S.C. § 1692f(1) provides: 

Unfair practices

A debt collector may not use unfair or unconscionable means 

to collect or attempt to collect any debt. Without limiting the 

general application of the foregoing, the following conduct is 

a violation of this section:

(1) The collection of any amount (including any interest, fee, 

charge or expense incidental to the principal obligation) 

unless such amount is expressly authorized by the agreement 

creating the debt or permitted by law. 

39. Defendant increased the claimed balance owing without express 

authorization in the agreement creating the Debt or permitted by law. 

40. Defendant violated 15 U.S.C. § 1692f(1) by charging fees and costs of 

collection that were neither expressly authorized by the agreement creating the debt or by 

law.

41. Defendant violated 15 U.S.C. § 1692f(1) by charging fees and costs of 

collection that were not borne by the original creditor.

WHEREFORE, Plaintiff prays for relief and judgment, as follows: 

a) Adjudging that Defendant violated 15 U.S.C. § 1692f(1);

b) Awarding Plaintiff statutory damages, pursuant to 15 U.S.C. § 

1692k(a)(2)(A), in the amount of $1,000.00;

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c) Awarding Plaintiff actual damages, pursuant to 15 U.S.C. § 1692k(a)(1);

d) Awarding Plaintiff reasonable attorneys’ fees and costs incurred in this 

action pursuant to 15 U.S.C. § 1692k(a)(3); 

e) Awarding Plaintiff pre-judgment and post-judgment interest as permissible 

by law; and

f) Awarding such other and further relief as the Court may deem just and 

proper.

TRIAL BY JURY

42. Plaintiff is entitled to and hereby demands a trial by jury.

Dated: December 16, 2014

Respectfully submitted,

Law Offices of Ronald S. Weiss

/s/ Ronald S. Weiss

Ronald S. Weiss (P48762)

7035 Orchard Lake Road, Suite 600

West Bloomfield, MI 48322

RWeiss@YourFairDebtCollectionRights.com

248-737-8000

248-737-8003 (Fax)

Michael L. Greenwald

Greenwald Davidson PLLC

5550 Glades Road, Suite 500

Boca Raton, FL 33431

561-826-5477

561-961-5684 (Fax)

mgreenwald@mgjdlaw.com

Counsel for Plaintiff 

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