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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

EUGENIA DUMITRIEADE, 

 Plaintiff, 

 v. 

JCPENNEY COMPANY 

a/k/a J.C. Penney Company, Inc., 

 Defendant. 

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Case No.: 2:15-cv-10173 

Hon.

COMPLAINT

 NOW COMES Plaintiff, EUGENIA DUMITRIEADE (“Plaintiff”), through her 

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

JCPENNEY COMPANY a/k/a J.C. Penney Company, Inc. (“Defendant”): 

INTRODUCTION

1. Plaintiff’s Complaint is based on the Telephone Consumer Protection Act 

(“TCPA”), 47 U.S.C. § 227 et seq. 

JURISDICTION and VENUE

2. Jurisdiction of this court arises pursuant to 28 U.S.C. § 1331 and 47 U.S.C. § 

227. 

3. Venue is proper pursuant to 28 U.S.C. § 1391(b)(2) as the conduct giving rise to 

this action occurred in this district as Plaintiff resides in this district and Defendant transacts 

business in this district”

PARTIES

4. Plaintiff is a natural person residing in Livonia, Michigan, Wayne County. 

5. Defendant is a Delaware business entity with a registered office located at 30600 

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Telegraph Rd., Ste. 2345, Bingham Farms, MI 48025. 

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

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

FACTUAL ALLEGATIONS

7. In 2014 Defendant began placing telephone calls to (248) 499-46xx, Plaintiff’s 

cellular telephone number. 

8. Upon information and belief based on the frequency, number, and nature of the 

calls, Defendant placed these calls to Plaintiff using an automatic telephone dialing system or 

other equipment capable of storing and/or producing telephone numbers (“auto dialer”). 

9. These calls were placed to attempt to collect payments from Plaintiff for a 

consumer account. 

10. These calls were for non-emergency purposes. 

11. Sometime before September 2014, Plaintiff instructed Defendant that she would 

make a payment when she could and to stop calling her cell phone. 

12. Plaintiff revoked any permission, actual or implied, to call use an auto dialer to 

call her cell phone. 

13. Defendant continued to use an auto dialer to call Plaintiff’s cell phone. 

14. Between September 18 and November 1, 2014, Defendant used and auto dialer to 

call Plaintiff’s cell phone at least eighty (80) times. 

15. Defendant voluntarily and willfully placed these calls. 

16. Defendant intended to use an auto dialer to place these calls. 

17. Defendant did not have Plaintiff’s express consent to use an auto dialer to place 

these calls. 

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COUNT I

DEFENDANT VIOLATED THE TELEPHONE CONSUMER PROTECTION ACT

18. Defendant’s actions alleged supra constitute numerous negligent violations of the 

TCPA, entitling Plaintiff to an award of $500.00 in statutory damages for each and every 

violation pursuant to 47 U.S.C. § 227(b)(3)(B). 

19. Defendant’s actions alleged supra constitute numerous and multiple knowing 

and/or willful violates of the TCPA, entitling Plaintiff to an award of $1500.00 in statutory 

damages for each and every violation pursuant to 47 U.S.C. § 227(b)(3)(B) and 47 U.S.C. § 

227(b)(3)(C). 

WHEREFORE, Plaintiff, EUGENIA DUMITRIEADE, respectfully requests judgment 

be entered against Defendant, JCPENNEY COMPANY a/k/a J.C. Penney Company, Inc., for 

the following 

20. Statutory damages of $500.00 for each and every negligent violation of the 

TCPA pursuant to 47 U.S.C. § (b)(3)(B); 

21. Statutory damages of $1500.00 for each and every knowing and/or willful 

violation of the TCPA pursuant to 47 U.S.C. § (b)(3)(b) and 47 U.S.C. § (b)(3)(C); 

22. All court costs, witness fees and other fees incurred; 

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

Dated: January 15, 2015 KROHN & MOSS, LTD. 

/s/ Adam T. Hill

Adam T. Hill 

KROHN & MOSS, LTD. 

10 N. Dearborn St., 3rd Fl. 

Chicago, Illinois 60602 

Telephone: 312-578-9428 

Telefax: 866-802-0021 

ahill@consumerlawcenter.com 

Attorneys for Plaintiff 

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