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UNITED STATES DISTRICT COURT

IN THE EASTERN DISTRICT OF MICHIGAN – SOUTHERN DIVISION 

CYNTHIA GREEN,

Plaintiff,

 -vs- Case No. 

Hon. 

NATIONWIDE ARBITRATION SERVICES, LLC,

COOPER FINANCIAL, LLC,

MARK GRAY,

MATTHEW MARCUCCI, and

JOHN AND/OR JANE DOES 1-30,

Defendants.

COMPLAINT & JURY DEMAND

Plaintiff, Cynthia Green, states the following claims for relief:

Introduction

1. This action involves the use of abusive, deceptive, and unfair debt collection practices by

Defendants in an attempt to collect a debt allegedly owed by the plaintiff, Ms. Green.

2. Defendants, by and through their agents, placed collection calls to Ms. Green’s cellular

telephone to collect on a debt which Defendants alleged that she owed.

3. This complaint is filed on behalf of Ms. Green for damages to stop Defendants’ continual use

of abusive, deceptive, and unfair debt collection practices.

Jurisdiction

4. This Court has jurisdiction under the FDCPA, 15 U.S.C. §1692k(d) and 28 U.S.C. §§ 1331,

1337.

5. This Court may exercise supplemental jurisdiction over the related state law claims arising

out of the same nucleus of operative facts which give rise to the Federal law claims.

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Venue

6. The transactions and occurrences which give rise to this action, namely the collection letters

and calls received by Ms. Green, occurred in Oakland County.

7. Venue is proper in the Eastern District of Michigan.

Parties

8. The Plaintiff to this lawsuit is Cynthia Green (“Ms. Green”), a natural person and resident

of Oak Park, MI 48237.

9. The Defendants to this lawsuit are as follows:

a. Nationwide Arbitration Services, LLC (“Nationwide”), a foreign company doing

business in Michigan, with its principal place of business believed to be located in

Hamburg, New York 14075. The New York Secretary of State is designated as agent

of the limited liability company upon whom process against it may be served.

b. Cooper Financial, LLC (“Cooper”), a foreign company doing business in Michigan,

with its principle place of business believed to be located at 8070 Beechmont Ave,

Bldg. A, Ste 1, Cincinnati, Ohio 45255, with its registered agent, Mark Gray,

maintaining an office at the same address.

c. Mark Gray, in his capacity as organizer and owner of Cooper.

d. Matthew Marcucci, in his capacity as organizer and owner of Nationwide.

e. John and/or Jane Does 1-4, managers of Nationwide. Plaintiff is informed and

believes and on that basis alleges that Defendant Does 1–4 are officers, directors, or

managing agents of Nationwide who are directly responsible forNationwide’s pattern

and practice of abusive, deceptive, and unfair debt collection practices.

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f. John and/or Jane Does 5-30, debt collectors that are employees and potential

managing agents of Nationwide and use the following aliases, among possible others,

when calling consumers to collect debts: Catherine Vaughn, Dave Nasword, Brian

Hurin, Kaylee Thomas, Kaylee Taylor, Matthew Jasinski, Joe Agro, Joe Agate, Matt

Connors, Thomas Riley, Patrick Wagner, Joseph Allen, Brandon Davis, Joshua

Bryant, James Summers, Haley James, Jack Ryan, Mark Goodman, Dean Snyder,

Dave Stone, Jennifer Collins, Jessica Smith, Brittany Daniels, Manny McMannus,

Ms. O’Brien, and Chelsea Doe.

General Allegations

10. Ms. Green meets the definition of a “consumer” under 15 U.S.C. § 1692a(3). 

11. Nationwide is a debt buyer and collection company that regularly collects debts owed to

another and, therefore, meets the definition of a “debt collector” under 15 U.S.C. § 1692a(6).

12. Cooper is a collection company that regularly collects debts owed to another and, therefore,

meets the definition of a “debt collector” under 15 U.S.C. § 1692a(6). 

13. On May 8, 2012, Ms. Green applied for and obtained a $1,000 loan from Great Plains

Lending, LLC (“GPL”) on its website, www.greatplainslending.org. 

14. Some time prior to March 2014, Nationwide was engaged by GPL to collect the debt

allegedly owed by Ms. Green.

15. Upon information and belief, GPL engaged Nationwide under a written agreement

authorizing Nationwide to collect from Ms. Green on behalf of GPL.

16. Upon information and belief, Nationwide and Cooper run a common joint venture, pursuant

to a written agreement, to collect debts from consumers, including Ms. Green.

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17. Cooper accepts these payments with the knowledge that it is accepting the payments on

behalf of Nationwide, and that the money accepted is in repayment of debts.

Specific Allegations Related to Nationwide and Its Management

18. Ms. Green incorporates the preceding allegations by reference.

19. Pursuant to New York Limited Liability Company Law, Nationwide is required to

provide an address to the New York State Department of State (“NY DOS”) to which

process shall be mailed.

20. As required, Nationwide provided the following address to which the NY DOS shall mail

process: Matthew Marcucci, 4535 Southwestern Blvd., Suite 803A, Hamburg, New York,

14075.

21. Mr. Marcucci, in his capacity as Nationwide’s organizer, signed and filed Nationwide’s

Articles of Organization with the State of New York. 

22. Mr. Marcucci also refers to himself as Nationwide’s Compliance Officer in a response

letter to the NY Attorney General’s Bureau of Consumer Frauds.

23. Further, Mr. Marcuucci is listed as Nationwide’s Compliance Review Specialist on

Nationwide’s Better Business Bureau (“BBB”) Business Review page.

24. In his capacity as owner, managing agent, and compliance officer of Nationwide, Mr.

Marcucci created, authorized and/or implemented Nationwide’s telephone policies,

procedures and practices, including its pattern and practice of abusive, deceptive, and

unfair debt collection practices.

25. In corresponding with Ms. Green, Nationwide and its agents failed to provide Ms. Green

with the proper suite number where Nationwide is located.

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26. Other than the general street address and city, Nationwide and its agents refused to

provide Ms. Green with a mailing address or physical address where the company can be

contacted. 

27. In complaints made to the NY Attorney General’s Bureau of Consumer Frauds and

Protection, other consumers identified multiple addresses that were provided to them by

Nationwide, including: Suites 803, 803A and 210 at the 4535 Southwestern Boulevard

address, and 1567 Military Road, Buffalo, NY 14217.

28. However, in a letter sent by Mr. Marcucci to the NY Attorney General’s Bureau of

Consumer Frauds and Protection in response to one consumer complaint, Mr. Marcucci

identified the executive office address for Nationwide as 4535 Southwestern Blvd, Suite

#209, Hamburg, NY 14075.

29. This suite number was not provided by Nationwide to Ms. Green, even after she asked for

Nationwide’s proper mailing address.

30. On information and belief, Nationwide refuses to provide its full, correct address to

consumers in an attempt to fraudulently conceal the identities of the entities and

individuals involved with its unlawful debt collection practices.

31. Furthermore, consumers have also complained that when they ask for written validation

of the debts or notice of collection, Nationwide and its agents refuse to send anything by

mail and, rather, state they can only send the information by email.

32. The email address used by Nationwide is nationwidearbitration@gmail.com.

33. Nationwide’s refusal to send written validation of debts or notice of collection by mail

further brings its status as a legitimate, law-abiding debt collection company into

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question.

34. In addition, Nationwide has been known to make unauthorized debt collection calls to

consumers from six separate 800-numbers, only one of which it lists as a contact number

on its letterhead.

35. Nationwide has been the target of numerous complaints concerning its calls made from

these six numbers and its pattern and practice of abusive, deceptive, and unfair debt

collection practices.

36. Nationwide has received an “F” rating on the BBB website due to 9 complaints filed

against it, each related to billing/collection issues (BBB Website, Business Review of

Nationwide Arbitration Services,

http://www.bbb.org/upstate-new-york/business-reviews/collection-agencies/nationwide-ar

bitration-services-in-hamburg-ny-235973913, downloaded September 22, 2014).

37. Nationwide has received hundreds of consumer complaints on 800notes.com relating to

its abusive and deceptive collection practices and calls from each of its six, known 800-

numbers (800notes, Consumer Complaints regarding calls from Nationwide from phone

numbers 844-714-2290, 844-818-2313, 866-848-5350, 866-344-7859, 855-212-7258, and

855-808-1176, http://www.800notes.com, each of the six complaint pages downloaded

September 22, 2014). 

Specific Allegations Related to Cooper Financial

38. Ms. Green incorporates the preceding allegations by reference.

39. Cooper accepts service of process through its registered agent, Mark Gray, at 8070

Beechmont Ave, Bldg. A, Ste. 1, Cincinnati, Ohio 45255.

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40. On information and belief, Mr. Gray is listed as the registered agent for Cooper as he is

the organizer and owner of the limited liability company.

41. Mr. Gray is listed as Cooper’s principal owner on Cooper’s Better Business Bureau

(“BBB”) Business Review page.

42. In his capacity as owner and managing agent of Cooper, Mr. Gray created, authorized

and/or implemented Cooper’s policies, procedures and practices, including its pattern and

practice of abusive, deceptive, and unfair debt collection practices.

43. The email address used by Cooper is cooperfinancialbilling@gmail.com. 

44. Cooper has received an “F” rating on the BBB website due to 22 complaints filed against

it, 16 of which are related to billing/collection issues (BBB Website, Business Review of

Cooper Financial, LLC,

http://www.bbb.org/cincinnati/business-reviews/financial-services/cooper-financial-llc-in

-cincinnati-oh-90002300/, downloaded September 22, 2014).

45. Further, on April 9, 2014, Cooper’s accreditation in the BBB was revoked by the BBB’s

Board of Directors due to its failure to promptly respond to complaints, and also its

failure to provide the BBB with all information required to evaluate compliance with

BBB standards.

46. Many of the complaints against Cooper stem from their abusive, deceptive and unfair

debt collection practices used while attempting to collect debts on behalf of Nationwide.

Specific Allegations Related to the Collections Against Ms. Green

47. Ms. Green incorporates the preceding allegations by reference.

48. In or around March 2014, Nationwide communicated with Cynthia Green for the first

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time.

49. During a call from Nationwide to Ms. Green placed on March 31, 2014, Ms. Green

requested that Nationwide validate the debt.

50. On April 1, 2014, Nationwide sent its validation notice pursuant to 15 U.S.C. 1692g to

Cynthia Green (“April 1st Communication”).

51. The April 1st Communication was sent to Ms. Green as an attached .pdf document to her

personal email address.

52. The April 1st Communication was sent by nationwidearbitration@gmail.com. 

53. Although the April 1st Communication was sent to Ms. Green’s correct email address,

the actual hard copy letter included an incorrect address line. It identified Ms. Green’s

address improperly as her father’s home address in Illinois.

54. Ms. Green never provided GPL nor Nationwide with her father’s Illinois address.

55. The April 1st Communication included the amount of the debt and name of the creditor to

whom the debt is owed, as required by 15 U.S.C. 1692g(a)(1) and (2).

56. However, according to the April 1st Communication, the balance now owed was

$3,659.99, but it did not explain how the original loan amount of $1,000 had now reached

that balance.

57. The April 1st Communication also included a settlement offer amount of $1,200.00.

58. However, it did not include a disclosure that it was a communication from a debt

collector, that it was an attempt to collect a debt, or that any information obtained would

be used for that purpose, as required by 15 U.S.C. 1692e(11).

59. Rather, the April 1st Communication included the heading “Nationwide Arbitration

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Services”, suggesting that Nationwide is an arbitration or otherwise legally affiliated

service as opposed to a debt collector.

60. Also, the April 1st Communication did not include a statement that the debt would be

assumed valid by Nationwide if Ms. Green did not dispute the validity of the debt within

30 days after receipt of the April 1st Communication, as required by 15 U.S.C.

1692g(a)(3).

61. Further, it did not include a statement that if Ms. Green notified Nationwide in writing

within 30 days that the debt or any portion thereof was disputed, Nationwide would

obtain verification of the debt or a copy of a judgment against her and that a copy of such

verification or judgment would be mailed to her, as required by 15 U.S.C. 1692g(a)(4).

62. Lastly, the April 1st Communication did not include a statement that Nationwide would

provide Ms. Green with the name and address of the original creditor, if different from

the current creditor, if she requested that information in writing within 30 days, as

required by 15 U.S.C. 1692g(a)(5).

63. Nonetheless, after receiving the April 1st Communication by email, Ms. Green contacted

Nationwide and agreed to pay $50/month for eight months beginning on April 5, 2014

and ending on November 5, 2014.

64. These eight payments, totaling $400, were to be considered as payment-in-full for the

underlying debt.

65. On information and belief, Nationwide authorized Cooper to collect the eight $50

payments from Ms. Green.

66. After verbally agreeing to this payment arrangement with an agent of Nationwide, Ms.

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Green e-signed a credit card authorization form on April 4, 2014 authorizing Cooper to

make withdrawals as agreed; namely, to withdraw eight monthly payments of $50 each

from her prepaid account beginning on April 5, 2014 and ending on November 5, 2014.

67. On April 5, 2014, the first payment was automatically withdrawn by Cooper from Ms.

Green’s prepaid American Express Serve account.

 68. On April 7, 2014, Nationwide sent a second letter attachment by email to Ms. Green

regarding the payment arrangements that Nationwide, Cooper and Ms. Green had agreed

upon a few days earlier (“April 7th Communication”).

 69. The April 7th Communication reflected the updated settlement amount of $400.

70. Unlike the April 1st Communication, the April 7th Communication was properly

addressed to Ms. Green at her current address and included the required disclosures that it

was an attempt to collect a debt.

71. However, the heading “Nationwide Arbitration Services” and content of the letter,

including reference to “dismissal of your case with our office”, still suggest that

Nationwide is an arbitration or otherwise legally affiliated service as opposed to a debt

collector.

72. On or around May 5, 2014, the second $50 payment was automatically withdrawn by

Cooper from Ms. Green’s prepaid account.

 73. However, on May 5, 2014, Ms. Green received the following voice message:

“Yes, hello this message is for Ms. Cynthia Green. Cynthia, this is Catherine Vaughn

contacting you from the litigation filing division for Nationwide Law Firm.

Contacting you today in reference to your out-of-court settlement contract with our

firm. Please be advised, your payment came back returned as insufficient funds

placing you in immediate breach. At this time, all civil and criminal charges against

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you have been reinstated. We are mandated by state, motion has been filed to execute

subpoena, which will be issued at the residence or place of employment within the

next 24 to 48 hours. Now, Cynthia, prior to the prosecution I wanted to speak with

you. If this was an oversight of some sort, I have to reinstate this case before Oakland

County solidifies court date. I am serving final legal notice for sole defendant,

Cynthia Green. We have date of birth 4/9/75, in reference to docket 172659. Today

is May 5, please be advised your payment came back in breach, all civil and criminal

complaints have been reinstated and motion has been filed to execute subpoena in

reference to all civil and criminal prosecution. To end all proceedings, Ms. Green,

you need to contact the attorney’s office prior to 2 p.m. today. The direct number to

the litigations department is 1-844-818-2313 extension 301, docket 172659.”

74. As with the April 1st Communication, Nationwide failed to notify Ms. Green that it was a

debt collection company in its voicemail.

75. Instead, Nationwide blatantly held itself out to be a law firm that was going to “reinstate civil

and criminal charges”, even though no such charges had previously been made.

76. Further, Nationwide threatened legal action that was not truly intended to be taken, as shown

by the fact that Nationwide has not actually taken any legal action against Ms. Green as of

the date of this Complaint, or at least has failed to notify Ms. Green of any legal action being

taken against her. 

77. Nationwide called Ms. Green a second time on May 5, 2014 at 1:33 p.m.

78. During this call, a Nationwide collector told Ms. Green that she owed $1,100.

79. Ms. Green told the collector that she had agreed to pay a total of $400, not $1,100.

80. Ms. Green told the collector that she had a letter from Nationwide showing that she only

owed $400.

81. Nonetheless, the Nationwide collector told Ms. Green that if she did not pay $1,100,

Nationwide would bring criminal and civil charges against her.

82. Throughout the conversation, the Nationwide collector was extremely rude and she cursed

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at Ms. Green multiple times.

83. Ms. Green asked the Nationwide collector for her name, but the collector would not provide

it.

84. Since this second call on May 5, 2014, Nationwide has called Ms. Green an additional five

times.

85. As a result of Nationwide’s acts as alleged above, Ms. Green has suffered damages.

COUNT I – Fair Debt Collection Practices Act (All Defendants)

86. Ms. Green incorporates the preceding allegations by reference.

87. At all relevant times Defendants – in the ordinary course of business – regularly engaged in

the practice of collecting debts on behalf of other individuals or entities.

88. Defendants are “debt collectors” under the Fair Debt Collection Practices Act (“FDCPA”),

15 U.S.C. §1692a(6).

89. At all times relevant to this complaint, Defendants sought to collect a “consumer” debt from

Ms. Green.

90. Defendant’s actions to collect this alleged debt from Ms. Green violated the provisions of

the FDCPA including, but not limited to, the following: 15 U.S.C. §§ 1692d, 1692d(2),

1692d(5), 1692d(6), 1692e, 1692e(2), 1692e(3), 1692e(5), 1692e(10), 1692e(11), 1692e(14),

1692f, 1692g(a)(3), 1692g(a)(4), and 1692g(a)(5).

91. Ms. Green has suffered damages as a result of these violations of the FDCPA.

COUNT II – Michigan Occupational Code (Nationwide and Cooper) as alternative to

claims under the Michigan Collection Practices Act

92. Ms. Green incorporates the preceding allegations by reference.

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93. Nationwide and Cooper are each a “collection agency” as that term is defined in the

Michigan Occupational Code (“MOC”), M.C.L. § 339.901(b).

94. Ms. Green is a “debtor” as that term is defined in M.C.L. § 339.901(f).

95. Nationwide’s and Cooper’s foregoing acts in attempting to collect this alleged debt against

Ms. Green constitute violations of the MOC including, but not limited to, the following:

M.C.L. §§ 339.915(a), 339.915(e), 339.915(f), 339.915(g), 339.915(n), 339.915(o),

339.915(q), 339.915a(b), 339.918(1)(d), and 339.918(1)(e). 

 96. Ms. Green has suffered damages as a result of these violations of the MOC.

97. These violations of the MOC were willful.

COUNT III – Michigan Collection Practices Act (Nationwide and Cooper) as alternative to

claims under the Michigan Occupational Code 

98. Ms. Green incorporates the preceding allegations by reference.

99. Nationwide and Cooper are each a “regulated person” under the Michigan Collection

Practices Act (“MCPA”), M.C.L. § 445.251(g).

100. Nationwide’s and Cooper’s foregoing acts in attempting to collect this alleged debt against

Ms. Green constitute violations of the MCPA including, but not limited to, the following:

M.C.L. §§ 445.252(a), 445.252(e), 445.252(f), 445.252(g), 445.252(n), 445.252(o), and

445.252(q).

101. Ms. Green has suffered damages as a result of these violations of the MCPA.

102. These violations of the MCPA were willful.

Demand for Jury Trial

103. Ms. Green demands trial by jury in this action.

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Demand For Judgment for Relief

104. Accordingly, Plaintiff Cynthia Green requests that the Court grant:

a. Actual damages for items including emotional distress, mental anguish, frustration,

humiliation, and embarrassment.

b. Statutory damages.

c. Exemplary damages under Michigan law.

d. Statutory costs and attorney fees. 

Respectfully Submitted,

By: s/ Amanda M. Longendyke

Amanda M. Longendyke (P77777)

LYNGKLIP & ASSOCIATES

CONSUMER LAW CENTER, PLC

Attorney for Cynthia Green

24500 Northwestern Highway, Suite 206

Southfield, MI 48075

(248) 208-8864

Amanda@MichiganConsumerLaw.Com

Dated: November 6, 2014

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