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UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

DOUGLAS BILSKY, 

 Plaintiffs, 

 v. 

MRS ASSOCIATES d/b/a MRS BPO, LLC, 

 

 Defendant. 

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Case No.: 

COMPLAINT AND DEMAND FOR 

JURY TRIAL 

(Unlawful Debt Collection Practices)

COMPLAINT

 DOUGLAS BILSKY (“Plaintiff”), by and through his counsel, KIMMEL & 

SILVERMAN, P.C., alleges the following against MRS ASSOCIATES d/b/a MRS BPO, LLC 

(“Defendant”). 

INTRODUCTION 

1. Plaintiff’s Complaint is based on the Fair Debt Collection Practices Act, 15 

U.S.C. § 1692 et seq. (“FDCPA”), which prohibits debt collectors from unlawful debt collection 

practices. 

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JURISDICTION AND VENUE 

2. Jurisdiction of this court arises pursuant to 15 U.S.C. § 1692k(d), which states 

that such actions may be brought and heard before “any appropriate United States district court 

without regard to the amount in controversy,” and 28 U.S.C. § 1331 grants this court original 

jurisdiction of all civil actions arising under the laws of the United States. 

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3. Defendant conducts business in the State of Michigan, and therefore, personal 

jurisdiction is established. 24

PLAINTIFF’S COMPLAINT 

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4. Venue is proper pursuant to 28 U.S.C. § 1391(b)(2). 

PARTIES 

5. Plaintiff is a natural person residing in Davison, Michigan 48423. 

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

7. Defendant is a corporation specializing in debt collection with its principal place 

of business located at 1930 Olney Avenue, Cherry Hill, New Jersey 08003. 

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

and repeatedly contacted Plaintiff in an attempt to collect a debt. 

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

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

FACTUAL ALLEGATIONS 

10. At all relevant times, Defendant was contacting Plaintiff concerning an alleged 

consumer debt. 15 

11. The alleged debt at issue arose out of transactions, which were primarily for 

personal, family, or household purposes as Plaintiff has no business debt. 

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12. Beginning in or around April 2014, Defendant’s collectors placed repeated 

harassing telephone calls to Plaintiff’s cellular telephone number in its attempts to collect the 

alleged debt. 

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13. Defendant’s collectors called from numbers, including but not limited to, (810) 

471-4577. The undersigned has confirmed that this number belongs to Defendant. 

14. Defendant’s collectors called Plaintiff’s telephone number on average one to 

three times per day; as well as on Saturdays. 

PLAINTIFF’S COMPLAINT 

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15. At all relevant times, Plaintiff demanded that Defendant stop contacting him. 

16. Despite Plaintiff’s demand not to be contacted, Defendant’s calls persisted. 

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17. Once Defendant was aware that Plaintiff did not wish to be contacted there was 

no legitimate reason for additional calls, other than for the purposes of harassment. 

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18. Frustrated by Defendant’s repeated harassing calls, Plaintiff retained legal 

counsel. 

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19. Plaintiff’s counsel sent Defendant a Letter of Representation, via certified mail, 

that advised Defendant to cease and desist from communicating with Plaintiff and to direct all 

future correspondence to Plaintiff’s counsel. See Exhibit “A,” Letter of Representation with 

Cease and Desist notice. 

20. According to the USPS tracking system, Plaintiff’s counsel’s letter was received 

by Defendant on May 19, 2014. See Exhibit “B,” USPS Tracking Information. 

21. Despite being notified that Plaintiff was represented by legal counsel and in 

blatant disregard of Plaintiff’s counsel’s cease and desist notice, Defendant continued to 

communicate directly with Plaintiff. 

22. Specifically, Defendant sent Plaintiff a collection letter, dated January 6, 2015, in 

which it acknowledged receiving a correspondence regarding Plaintiff’s collection account. See

Exhibit “C,” January 6th Collection Letter. 

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23. Defendant’s actions, as described herein, were taken with the intent to harass, 

abuse, and coerce payment from Plaintiff. 20 

COUNT I 

DEFENDANT VIOLATED § 1692b(6) OF THE FDCPA

24. A debt collector violates section 1692b(6) of the FDCPA by communicating with 

PLAINTIFF’S COMPLAINT 

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any person other than the consumer’s attorney after the debt collector knows the consumer is 

represented by an attorney with regard to the subject debt and has knowledge of, or can readily 

ascertain, such attorney's name and address, unless the attorney fails to respond within a 

reasonable period of time to communication from the debt collector. 

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25. Defendant violated section 1692b(6) of the FDCPA when it continually 

communicated directly with Plaintiff after having knowledge that Plaintiff was represented by 

an attorney with regard to the alleged debt. 

COUNT II 

DEFENDANT VIOLATED § 1692c(a)(2) OF THE FDCPA

26. A debt collector violates section 1692c(a)(2) of the FDCPA by communicating 

with a consumer in connection with the collection of any debt if the debt collector knows the 

consumer is represented by an attorney with respect to such debt and has knowledge of, or can 

readily ascertain, such attorney's name and address, unless the attorney fails to respond within a 

reasonable period of time to a communication from the debt collector or unless the attorney 

consents to direct communication with the consumer. 

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27. Defendant violated section 1692c(a)(2) of the FDCPA when it continually 

communicated directly with Plaintiff, after having knowledge that Plaintiff was represented by 

an attorney with regard to the alleged debt, and without obtaining Plaintiff’s or his attorney’s 

consent. 

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COUNT III 

DEFENDANT VIOLATED § 1692c(c) OF THE FDCPA

28. A debt collector violates section 1692c(c) of the FDCPA by communicating 

PLAINTIFF’S COMPLAINT 

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further with the consumer with respect to a debt after being notified in writing that the consumer 

refuses to pay a debt or that the consumer wishes the debt collector to cease further 

communication with the consumer. 

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29. Defendant violated section 1692c(c) of the FDCPA when it continually 

communicated with Plaintiff, after being served a cease and desist notice in writing. 

COUNT IV 

DEFENDANT VIOLATED § 1692d OF THE FDCPA

30. A debt collector violates § 1692d by engaging in any conduct the natural 

consequence of which is to harass, oppress, or abuse any person in connection with the 

collection of a debt. 

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31. Defendant violated § 1692d when it placed repeated harassing telephone calls to 

Plaintiff’s cellular telephone; when it continued to call Plaintiff’s cellular telephone after being 

advised that its calls were unwanted; when it continued to communicate with Plaintiff after 

being provided with a written cease and desist notice; when it continued to communicate 

directly with Plaintiff after being advised that Plaintiff was represented by legal counsel; and, 

when it engaged in other conduct the natural consequence of which was to harass, oppress, and 

abuse Plaintiff. 

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COUNT V 

DEFENDANT VIOLATED § 1692d(5) OF THE FDCPA

32. A debt collector violates § 1692d(5) by causing a telephone to ring or engaging 

any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or 

harass any person at the called number. 

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PLAINTIFF’S COMPLAINT 

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33. 40. Defendant violated section 1692d(5) of the FDCPA when it placed 

harassing telephone calls to Plaintiff causing his telephone to ring repeatedly and continuously 

with intent to annoy, abuse, or harass. 

COUNT VI 

DEFENDANT VIOLATED § 1692f OF THE FDCPA

34. A debt collector violates § 1692f by using unfair or unconscionable means to 

collect or attempt to collect any debt. 8 

35. Defendant violated § 1692f when it harassed Plaintiff; when it failed to update its 

records to reflect that Plaintiff was not to be communicated with after receiving notice in 

writing; and, generally, when it used unfair or unconscionable means to collect the alleged debt. 

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 WHEREFORE, Plaintiff, DOUGLAS BILSKY, respectfully prays for a judgment as 

follows: 

a. All actual damages suffered pursuant to 15 U.S.C. § 1692k(a)(1); 

b. Statutory damages of $1,000.00 for the violation of the FDCPA pursuant to 

15 U.S.C. § 1692k(a)(2)(A); 

c. All reasonable attorneys’ fees, witness fees, court costs and other litigation 

costs incurred by Plaintiff pursuant to 15 U.S.C. § 1693k(a)(3); 

 d. Any other relief deemed appropriate by this Honorable Court. 

DEMAND FOR JURY TRIAL

 PLEASE TAKE NOTICE that Plaintiff, DOUGLAS BILSKY, demands a jury trial in 

this case. 

PLAINTIFF’S COMPLAINT 

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PLAINTIFF’S COMPLAINT 

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DATED: January 22, 2015 

Respectfully submitted, 

By: /s/ Amy L. Bennecoff 

Amy L. Bennecoff 

Kimmel & Silverman, P.C. 

30 East Butler Pike 

Ambler, Pennsylvania 19002 

Phone: (215) 540-8888 

Facsimile: (877) 788-2864 

Email: abennecoff@creditlaw.com 

 

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