IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

CHRISTOPHER STINE,

Hon.

Plaintiff, Case No.

V.

WELTMAN, WEINBERG & REIS CO. L.P.A.,

Defendant.

COMPLAINT AND JURY DEMAND

NOWCOMES Plaintiff, Christopher Stine ("Plaintiff') by and throughcounsel, The

Law Offices ofBrian Parker, PC, and bring this action against the above listed Defendant,

Weltman, Weinberg & Reis Co. L.P.A.,("Weltman" or "Defendant") on the grounds setforth

herein:

I. PRELIMINARY STATEMENT

1.

Plaintiffbringsthis action for damages and injunctive reliefbased upon the Defendants'

violations of theFairDebtCollection Practices Act(FDCPA), 15 U.S.C. § 1692 etseq. and The

Regulation ofCollection Practices Act(RCPA), codified at MCL 445.251 etseq.,.

2.

The FDCPA isa strictliability statute, which provides foractual orstatutory damages upon

the showing of one violation. Whether a debt collector's actions are false, deceptive, or

misleading under § 1692(a)-g is based on whether the "least sophisticated consumer" would be

misled by a defendant's actions. Harvey v. Great Seneca Fin. Corp., 453 F.3d 324, 329 (6thCir.

2006).). This standardensures "that the FDCPAprotectsall consumers, the gullible as well as the

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shrewd." Kistner v. Law Offices ofMichael P. Margelefsky, LLC. ,518 F.3d 433,438 (6th Cir).

3.

Whether a debt collector's actions are false, deceptive, ormisleading under §1692e is

based on whether the "least sophisticated consumer" would be misled by defendant's actions.

Wallace v. Washington Mutual Bank, 683 F.3d. 323,327 (6'*' Cir. 2012), Harvey v. Great Seneca

Fin. Corp., 453 F.3d 324, 329 (6th Cir.2006).

4.

In applying the "least sophisticated consumer" standard, the Sixth Circuit has adopted the

"more than one reasonable interpretation standard." Kistner, 518 F.3d at 441. Underthat

approach, a collection letter canbe "deceptive" if it is open to "more thanonereasonable

mterpretation, at least oneof which isinaccurate." Id. (quoting Clomon v. Jackson, 988 F.2d

1314,1319 (2d Cir. 1993)). "[T]he 'more than one reasonable interpretation' standard is

applicable to the entirety of§ 1692e as a useful tool inanalyzing the least sophisticated

consumer test." Id.

II. PARTIES

5.

The Plaintiff, Christopher Stine is anatural person and consumer, aresident ofLansing,

Eaton County, State of Michigan, and a "consumer" asdefined bytheFDCPA and RFCA.

6.

The Defendant, Weltman isa debt collector with resident agent offices inTroy, Oakland

County, State ofMichigan and isengaged in the business ofusing the mails and telephone to

collectconsumer debts originally owedto others.

III. JURISDICTION AND VENUE

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7.

This court hasjurisdiction over this Complaint pursuant tothe FDCPA, 15 U.S.C. §

1692k(d), 28 U.S.C. § 1331 and 28 U.S.C. § 1367. Venue inthisjudicial district is proper

because the pertinentevents took place here.

IV. STATUTORY STRUCTURE

FAIR DEBT COLLECTION PRACTICES ACT (FDCPA^

8.

The FDCPA was passed toeliminate abusive debt collection practices bydebt collectors,

to insure that those debt collectors who refrain from using abusive debt collection practices are

notcompetitively disadvantaged, and to promote consistent State action to protect consumers

against debt collection abuse. 15U.S.C. § 1692.

9.

Under the FDCPA, a "consumer" is any natural person obligated orallegedly obligated to

pay any debt. 15 U.S.C. §1692a(3).

10.

Under the FDCPA, "debt" means any obligation or alleged obligation of a consumer to

paymoney arising outof a transaction in which themoney, property, insurance, orservices

which are the subject ofthe transaction are primarily for personal, family, or household

purposes. 15 U.S.C. § 1692a(5).

11.

Under the FDCPA, a "debt collector" is any person who uses any instrumentality of

interstate commerce orthemails in any business the principal purpose forwhich isthe collection

ofany debts, orwho regularly collects orattempts to collect, directly orindirectly, debts owed or

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due or asserted to be owed or due to another. 15 U.S.C. § 1692a(6).

12.

A debt collector may notuseanyfalse, deceptive, ormisleading representation ormeans

in connection with the collection of any debt. 15 U.S.C. § 1692e.

REGULATION OF COLLECTION PRACTICES ACT (RPCA^

13.

The Regulation of Collection Practices Act (RPCA), MCL 445.251 et seq. is an act to

regulate the collection practices of certain persons; to provide for thepowers and duties of certain

state agencies; and to provide penalties and civil fines.

14.

"Claim" or"debt" means anobligation oralleged obligation for the payment ofmoney or

thing ofvalue arising out ofanexpressed orimplied agreement or contract for a purchase made

primarily for personal, family, or household purposes.

15.

"Collection agency" means a person directly orindirectly engaged insoliciting a claim

for collection or collecting or attempting to collect a claim owedor due or asserted to be owed

or due another, orrepossessing or attempting to repossess a thing of value owed or due or

asserted tobeowed or due another person, arising out ofanexpressed orimplied agreement.

Collectionagency includes a person representing himself or herself as a collection or

repossession agency or a person performing the activities of a collection agency, on behalfof

another, which activities are regulated byAct No. 299 of thePublic Acts of 1980, as amended,

being sections 339.101 to 339.2601 ofthe Michigan Compiled Laws. Collection agency

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includes a person who furnishes or attemptsto furnish a form or a written demandservice

represented to be a collection or repossession technique, device, orsystem to be used to collect

or repossess claims, ifthe form contains the name of a person other than the creditor in a

manner indicating thata request or demand for payment is being made bya person other than

the creditor even though theform directs the debtor tomake payment directly to the creditor

rather than tothe other person whose name appears on the form. Collection agency includes a

person who uses a fictitious name orthe name ofanother inthe collection orrepossession of

claims to convey to the debtor that a third person iscollecting orrepossessing orhas been

employed to collect or repossess the claim.

16.

"Communicate" means theconveying ofinformation regarding a debt directly or

indirectly to a personthroughany medium.

17.

"Consumer" or"debtor" means a natural person obligated orallegedly obligated to pay a

debt.

18.

"Creditor" or"principal" means a person who offers orextends credit creating a debt ora

person towhom a debt is owed ordue or asserted tobe owed ordue. Creditor orprincipal does

not include a person who receives anassignment ortransfer ora debt solely for the purpose of

facilitating collection ofthe debt for the assignor ortransferor. Inthose instances, the assignor or

transferor ofthe debt shall continue tobe considered the creditor orthe principal for purposes of

this act.

19.

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"Person" means anindividual, sole proprietorship, partnership, association, or

corporation.

20.

Aperson may not communicate with a debtor, except through billing procedure when the

debtor is actively represented by an attorney, the attorney's name and address are known, and the

attorney has been contacted in writing by the credit grantor or the credit grantor's representative

or agent,unlessthe attorney representing the debtor fails to answer written communication or

fails to discuss the claim onits merits within 30 days after receipt ofthe written communication.

MCL 445.252(h).

21.

The RPCA mirrors the requirementsand remedies ofthe FDCPA with the same 6^*^

Circuit use of the"leastsophisticated consumer" standard ofKistner, 518 F.3d at 441. McKeown

V. Mary Jane M. Elliott P.C., No. 07-12016-BC, 2007 WL 4326825, at *5 (E.D.Mich. Dec. 10,

2007) (citing Hubbard v. Nat'lBond andCollection Assocs,, Inc., 126 B.R. 422, 426

(D.Del.l991)).

V. FACTUAL ALLEGATIONS

22.

On September 11, 2014, Weltman sued Mr. Stine on behalf of PNC Bank for a debt that

Plaintiffhad not made a payment on in over six years. Please see attached debt application

signed in 2009 that is Exhibit A of the complaint at Exhibit 1.

23.

The debt had been discharged in Bankruptcy in 2010 and Defendant Weltman was aware

ofthe debt dischargeat that time. Please see the debt discharged in bankruptcy at Exhibit 2.

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24.

Though Defendant was aware of the bankruptcy, Defendant sued Mr. Stine anyway and

sought interests and fees ofover $3,000 on a discharged debt. Please see Exhibit 1.

25.

The Defendant debt collector was collecting for the third-party PNC under the FDCPA.

Please see Exhibit 3.

26.

Itisa violation ofthe FDCPA for a debt collector to sue ona debt that isdischarged under

bankruptcy and thatwas barred byMCL 600.5807(8) under 15 U.S.C. 1692e(5).

27.

Further, Defendant was aware that the debt was discharged inbankruptcy inreporting on

Plaintiffs credit report on June of 2014 before the lawsuit was filed. Please see Exhibit 4.

28.

The reporting on Plaintiffs credit report is a violationof the FDCPA under 15U.S.C.

1692e(8).

VL CLAIMS FOR RELIEF

Count 1-Fair Debt Collection Practices Act

29.

Plaintiff realleges the above pleadings.

30.

Defendants have violated the FDCPA. Defendants' violations of theFDCPA include, but

are not necessarily limited to, the following:

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a. Defendant violated 15 U.S.C. 1692e by using false, deceptive and misleading

representations and means in connection with the collection or attempted

collection ofa debt using the letters above; and

b. Defendant collected onthe debt and violated 15 U.S.C. 1692d byengaging in

anyconduct the natural consequence of which is to harass, oppress, or abuse

any person in connection with the collection ofa debt; and

c. Defendant sued ona discharged debt that is barred by MCL 600.5807(8) under

15 U.S.C, 1692e(5); and

d. Defendant collected onthe debt and violated 15 U.S.C. 1692e(8) by reporting

the debt on Plaintiffs credit report as mentioned above.

Wherefore, Plaintiffseeks judgment against Defendant for:

a. Statutory and Actual damages for Plaintiffinthe amount of$1,000.00 pursuant

to 15 U.S.C. 1692k(a)(2)(A) and (B);

b. Costs andreasonable attorney's fees pursuant to 15 U.S.C. 1692k(a)(3); and;

c. Suchfurther reliefas the courtdeemsjust and proper.

Count 2-Michigan Collection Practices Act

31.

Defendants have violated the RPCA. Defendant's violations of the RPCA include, but are

not necessarily limited to, the following:

a. Defendant violated MCLA 445.252(n) by using a harassing, oppressive, or

abusive method to collect a debt, using the letters as mentioned above; and

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b. Defendant violated MCLA 445.252(e) Making an inaccurate, misleading,

untrue, or deceptive statement or claim in a communication to collect a debt or

concealingor not revealing the purpose of a communication when it is made

in connection with collecting a debt at as mentioned above; and

c. Defendant has violated MCLA 445.252(f) Misrepresenting in a

communication with a debtor 1or more of the following:

(i) The legalstatusof a legal action being takenor threatened.

(ii) The legal rights ofthe creditor or debtor;

d. Defendant has violated MCLA 445.252(q) by failing to implement a

procedure designed to prevent a violation by an employee such as continuing

to contact a represented debtor.

Wherefore, Plaintiffseeks judgment against Defendants for:

a. Statutory and Actual damages for Plaintiff in the amount of $50.00, trebled to

$150.00 for a willful violation, pursuant to M.C.L. 445.257(2);

b. Equitable, declaratory and injunctive relief pursuant to M.C.L. 445.257(1),

including but not limited to, a declaration that defendant's debt collection

practices violated the RPCA, as well as an injunction, enjoining Defendants

from using letters that violate Michigan law; and

c. Reasonable attorney's fees and court cost pursuant to M.C.L. 445.257(2).

VII. JURY TRIAL DEMAND

Plaintiffdemands a Trial by Jury on all issues.

Respectfully submitted,

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LAW OFFICES OF BRIAN P. PARKER, P.C.

/s/BrianP. Parker

Dated: December 3,2014 BRIAN P. PARKER (P48617)

Attorney for Plaintiff

2000 Town Center, Suite 1900

Southfield, MI 48075

(248) 642-6268

brianparker@collectionstopper.com

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