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UNITED STATES DISTRICT COURT

IN THE EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

NANCY GRULKE,

Plaintiff,

-vs.- DEMAND FOR JURY TRIAL

CREDIT CONTROL, LLC,

A Missouri corporation,

Defendant.

__________________________________/

GARY D. NITZKIN P41155

TRAVIS SHACKELFORD P68710

MICHIGAN CONSUMER CREDIT LAWYERS

Attorneys for Plaintiff

22142 West Nine Mile Road

Southfield, MI 48033

(248) 353-2882

Fax (248) 353-4840

Email – gary@micreditlawyer.com

__________________________________/

COMPLAINT & JURY DEMAND

Plaintiff, Nancy Grulke, through counsel, Michigan Consumer Credit Lawyers, by Gary 

Nitzkin states the following claims for relief:

1. This is an action for damages, brought against a debt collector for violating the Fair Debt 

Collection Practices Act at 15 U.S.C. § 1692 et seq. ("FDCPA"), Michigan Collection

Practices Act at M.C.L. § 445.251 et seq. ("MCPA") and the Michigan Occupational 

Code at M.C.L. § 339.901 et seq. ("MOC").

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JURISDICTION

2. This court has jurisdiction under the Fair Debt Collection Practices Act (“FDCPA”), 15 

U.S.C. §1692k(d) and 28 U.S.C. §§1331,1337.

3. 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, pursuant to 28 U.S.C. 1367.

PARTIES

4. Plaintiff is a natural person residing in the Hawks, Presque Isle County, Michigan. Ms. 

Grulke is a "consumer" and "person"as the terms are defined and used in the FDCPA. 

Plaintiff is also a "consumer," "debtor" and "person" as the terms are defined and or 

used in the MCPA and MOC.

5. The Defendant to this lawsuit is Credit Control, LLC, which maintains a registered agent 

in Bingham Farms, Oakland County, Michigan. 

VENUE

6. The transactions and occurrences which give rise to this action occurred in Presque Isle 

County, Michigan.

7. Venue is proper in the Eastern District of Michigan, Northern Division. 

GENERAL ALLEGATIONS

8. Defendant is attempting to collect a consumer type debt allegedly owed by Plaintiff to 

Kohl’s Department Stores, Inc. in the amount of $180.88.

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9. Ms. Grulke never made any type of payment on the credit card, which is the subject of 

this alleged debt. She opened it in 2001, incurred the alleged charges in 2001, and never 

made any payment on it.

10. On or about May 28, 2015, Ms. Grulke received a letter from Defendant which stated, 

“We understand this bill has been delinquent for quite a while, this matter will not go 

away on its own but our client has given us the authority to make a very generous offer to 

you.” Defendant then offered to settle the account for 50% of the balance due.

11. Defendant’s offer to settle the unenforceable debt implies that the alleged debt is in fact 

enforceable which violates the FDCPA.

COUNT I – VIOLATION OF THE FAIR DEBT COLLECTION

PRACTICES ACT

12. Plaintiff reincorporates the preceding allegations by reference.

13. At all relevant times Defendant, in the ordinary course of its business, regularly engaged

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

14. Plaintiff is a "consumer" for purposes of the FDCPA and the account at issue in this case

is a consumer debt.

15. Defendant is a "debt collector" under the Fair Debt Collection Practices Act ("FDCPA"), 

15 U.S.C. §1692a(6).

16. Defendant's foregoing acts in attempting to collect this alleged debt violated the 

following provisions of the FDCPA:

a. 15 U.S.C. §1692e by using any false, deceptive, or misleading representations or 

means in connection with the collection of any debt. Defendant did this when it 

offered to settle the alleged debt that is unenforceable. 

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b. 15 U.S.C. §1692e(2)(A) by misrepresenting the character, amount or legal status 

of any debt.

c. 15 U.S.C. §1692f(1) by collecting any amount not permitted by law as the debt is 

out of statute. 

17. Ms. Grulke has suffered economic, emotional, general and statutory damages as a result 

of these violations of the FDCPA.

COUNT II - VIOLATION OF THE MICHIGAN OCCUPATIONAL CODE

18. Plaintiff incorporates the preceding allegations by reference.

19. Defendant is a "collection agency" as that term is defined in the Michigan Occupational 

Code ("MOC"), M.C.L. § 339.901(b).

20. Ms. Grulke is a debtor as that term is defined in M.C.L. § 339.901(f).

21. Defendant’s foregoing acts in attempting to collect this alleged debt violated the 

following provisions of the MOC:

a. MCL §339.915(e) by making an inaccurate, misleading, untrue or deceptive 

statement or claim in a communication to collect a debt. Defendant did this when 

it offered to settle an out of statute debt.

b. MCL §339.915(f)(ii) by misrepresenting the legal rights of the debtor. 

c. MCL §339.915(q) by failing to implement a procedure designed to prevent a 

violation by an employee. 

22. Ms. Grulke has suffered damages as a result of these violations of the Michigan

Occupational Code.

23. These violations of the Michigan Occupational Code were willful.

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COUNT III - VIOLATION OF THE MICHIGAN COLLECTION 

PRACTICES ACT

24. Plaintiff incorporates the preceding allegations by reference.

25. Defendant is a "Regulated Person" as that term is defined in the Michigan Collection 

Practices Act ("MCPA"), at MCL § 445.251.

26. Plaintiff is a "Consumer" as that term is defined at MCL § 445.251.

27. Defendant’s foregoing acts in attempting to collect this debt violated the following 

provisions of the MCPA:

a. MCL §445.252(e) by making an inaccurate, misleading, untrue or deceptive 

statement or claim in a communication to collect a debt. Defendant did this when 

it offered to settle an out of statute debt. 

b. MCL §445.252 (f)(ii) by misrepresenting the legal rights of the debtor. 

c. MCL §445.252(q) by failing to implement a procedure designed to prevent a 

violation by an employee.

28. Ms. Grulke has suffered damages as a result of these violations of the MCPA.

29. These violations of the MCPA were willful.

DEMAND FOR JURY TRIAL

Plaintiff demands trial by jury in this action.

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Respectfully submitted,

_____________________________________________

July 10, 2015 GARY D. NITZKIN P41155

TRAVIS SHACKELFORD P68710

MICHIGAN CONSUMER CREDIT LAWYERS

Attorneys for Plaintiff

22142 West Nine Mile Road

Southfield, MI 48033

(248) 353-2882

Fax (248) 353-4840

Email – gary@micreditlawyer.com

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