UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

TODD SCOTT, ) 

 ) Case No. 

 Plaintiff, ) 

 ) 

 v. ) COMPLAINT

 ) 

ALLIANT CAPITAL MANAGEMENT LLC, ) 

 ) 

 Defendant. ) JURY DEMANDED

 ) 

 

Now comes the Plaintiff, TODD SCOTT, by and through his attorneys, and for his 

Complaint against the Defendant, ALLIANT CAPITAL MANAGEMENT LLC, 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. 

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. 

PARTIES 

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

Michigan.

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5. Plaintiff is a “consumer” as defined in 15 U.S.C. § 1692a(3), as he 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 limited liability company of the State of 

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

business in Amherst, New York. 

FACTS COMMON TO ALL COUNTS 

9. On or about November 2, 2014, an employee, agent and/or representative of 

Defendant, who identified himself as “Joe Davis,” placed a telephone call to Plaintiff in an 

attempt to collect the alleged debt. 

10. During said communication, Plaintiff informed Joe Davis that he was represented 

by a law firm with respect to the alleged debt and provided his attorneys’ contact information. 

Joe Davis replied by stating that “he wasn’t calling anyone,” he was trying to serve Plaintiff 

documents in regard to the alleged debt, and pressured Plaintiff to set up a payment plan for the 

alleged debt. 

11. Despite having received notice of Plaintiff’s attorneys’ representation, on or about 

November 17 and 19, 2014, Joe Davis placed two more telephone calls to Plaintiff in further 

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attempts to collect the alleged debt. During said communications, Plaintiff once again informed 

Joe Davis that he was represented by a law firm with respect to the alleged debt and provided his 

attorneys’ contact information. Joe Davis responded by stating that he has not heard anything 

from the law firm representing Plaintiff, therefore he was allowed to contact Plaintiff himself. 

Joe Davis again pressured Plaintiff to set up a payment plan for the alleged debt. 

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

Plaintiff and violated the FDCPA. 

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

continues to suffer stress, aggravation, emotional distress and mental anguish. 

COUNT I 

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

reiterated herein. 

15. Defendant violated 15 U.S.C. § 1692c(a)(2) by communicating with Plaintiff after 

Defendant had been advised that Plaintiff was represented by an attorney with respect to 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); 

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); 

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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 

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

reiterated herein. 

 17. Defendant violated 15 U.S.C. § 1692d by engaging in conduct the natural 

consequence of which was to harass, oppress and/or abuse Plaintiff 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); 

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 III 

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

reiterated herein. 

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19. 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); 

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 

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

reiterated herein. 

21. Defendant violated 15 U.S.C. § 1692e(3) by falsely representing or implying that 

Defendant’s representative was an attorney or was communicating on behalf of an attorney. 

 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 V 

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

reiterated herein. 

23. Defendant violated 15 U.S.C. § 1692e(5) by threatening to take action that could 

not legally be taken and/or that was not intended to be taken. 

 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 VI 

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

reiterated herein. 

25. 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 VII 

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

reiterated herein. 

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

means to attempt to collect the alleged debt. 

 

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 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. 

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 his FDCPA claims in this action. 

RESPECTFULLY SUBMITTED, 

 TODD SCOTT 

By: /s/ Morris B. Lefkowitz 

Morris B. Lefkowitz 

Michigan Attorney No. P31335 

Attorney for Plaintiff 

Allen Chern Law PLLC 

24100 Southfield Road 

Suite 203 

Southfield, MI 48075 

Phone: (248) 569-0180 

Fax: (248) 559-0175 

morrie@lefkowitzlawgroup.com

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