UNITED STATES DISTRICT COURT

IN THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

AMBER R. COOK,

Plaintiff,

vs

WELTMAN, WEINBERG AND REIS CO., LPA

Defendant.

___________________________________/

.

COMPLAINT AND JURY DEMAND

Plaintiff, Amber R. Cook, through counsel, Stephen A. Thomas, PLC, by Stephen

A. Thomas states the following claims for relief:

JURISDICTION

1. Jurisdiction of this Court arises under 28 U.S.C. § 1331 and pursuant to

15 U.S.C. § 1692k(d), and pursuant to 28 U.S.C. § 1367 for pendent state law claims,

which are predicated upon the same facts and circumstances that give rise to the

federal causes of action.

2. This action arises out of Defendant’s violation of the Fair Debt Collection

Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).

3. Venue is proper in this District because the acts and transactions occurred

here, Plaintiff resides here, and Defendant transacts business here.

PARTIES

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4. Plaintiff Amber R. Cook is a natural person who resides in the City of

Detroit, County of Wayne, State of Michigan, and is a “consumer” as that term is defined

by 15 U.S.C. § 1692a(3).

5. Defendant WELTMAN, WEINBERG AND REIS CO., LPA (“WWR”) is a

Michigan Domestic Profit Corporation with its registered agent National Registered

Agents, Inc. 30600 Telegraph Road, Suite 2345, Bingham Farms, Michigan 48025.

6. WWF is a law office engaged in the business of collecting on defaulted

and charged off consumer debts. WWR regularly collects or attempts to collect, directly

or indirectly, debts owed or due or asserted to be owed or due another. WWR is a “debt

collector” as the term is defined and used in the FDCPA.

7. WWR is a “collection agency” by the State of Michigan pursuant to the

Michigan Occupational Code, M.C.L. § 339.901 et seq.

VENUE

8. The transactions and occurrences which give rise to this action occurred

in Wayne County.

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

GENERAL ALLEGATIONS

10. That Defendant WWR attempted to collect on a Nordstrom Bank account

which was purchased by Midland Credit Management for pennies on the dollar.

11. That Defendant WWR sent two dunning letters­­ each with different

amounts.

12. Dunning letter dated April 18, 2014 listed an amount of $750.93. See

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Exhibit A.

13. Dunning letter dated April 24, 2014 listed an amount of $795.93. See

Exhibit B.

14. That Defendant WWR filed a lawsuit in the 36th District Court for an

amount of $750.93 on April 25, 2014 for an alleged Midland Funding, LLC debt for an

old Nordstrom Bank account.

15. Plaintiff Cook has consistently disputed that she owed money to Midland

Funding, LLC for an old Nordstrom Bank account.

16. Plaintiff Cook has suffered actual damages having to defend the 36th

District Court lawsuit for a debt she believed she did not owe.

17. Plaintiff Cook had to retain counsel to defend the 36th District Court

lawsuit.

18. Plaintiff Cook has had to miss work in defending the 36th District Court

lawsuit.

19. Plaintiff Cook has had to pay for parking to meet with her attorney.

20. That the 36th District Court lawsuit was dismissed with prejudice.

21. That Plaintiff Cook has suffered emotional distress as a result of the

violation of the Fair Debt Collection Practices Act.

COUNT I ­ FAIR DEBT COLLECTION PRACTICES ACT.

22. Plaintiff incorporates the preceding allegations by reference.

23. At all relevant times Defendant WWR, in the ordinary course of business,

regularly engaged in the practice of collecting debts on behalf of other individuals or

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entities.

24. Plaintiff Cook is a "consumer" for purposes of the FDCPA and the account

at issue in this case is a consumer debt.

25. Defendant WWR is a "debt collector" under the Fair Debt Collection

Practices Act ("FDCPA"), 15 U.S.C. § 1692a(6).

26. Defendant WWR’s foregoing acts in attempting to collect this debt violated

15 U.S.C. § 1692 et seq.

27. Plaintiff Cook 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.

28. Plaintiff Cook incorporates the preceding allegations by reference.

29. Defendant WWR is a "collection agency" as that term is defined in the

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

30. Plaintiff Cook is a “debtor” as that term is defined in M.C.L. § 339.901(f).

31. Defendant WWR’s foregoing acts in attempting to collect this debt violated

M.C.L. § 339.915.

32. Plaintiff Cook has suffered damages as a result of these violations of the

Michigan Occupational Code.

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

COUNT III ­ VIOLATION OF THE MICHIGAN COLLECTION PRACTICES ACT.

34. Plaintiff incorporates the preceding allegations by reference.

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35. Defendant WWR is a "regulated person" as that term is defined in the

Michigan Collection Practices Act ("MCPA"), at M.C.L. § 445.251.

36. Plaintiff Cook is a "consumer" as that term is defined at M.C.L. § 445.251.

37. Defendant WWR’s foregoing acts in attempting to collect this debt violated

M.C.L. § 445.252.

38 Plaintiff Cook has suffered damages as a result of these violations of the

MCPA.

39. These violations of the MCPA were willful.

DEMAND FOR JURY TRIAL

Plaintiff demands trial by jury in this action.

DEMAND FOR JUDGMENT FOR RELIEF

Wherefore, Plaintiff requests that the Court grant her the following relief against

Defendant WWR:

a. Actual damages.

b. Statutory damages.

c. Treble damages.

d. Statutory costs and attorney fees.

Respectfully submitted,

/s/ Stephen A. Thomas

April 13, 2015 STEPHEN A. THOMAS P43260

Attorney for Plaintiff

645 Griswold St., Suite 1360

Detroit, Michigan 48226

313­965­2265

sthomas@313965bank.com

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Exhibit A

2:15-cv-11348-LJM-MJH Doc # 1 Filed 04/13/15 Pg 6 of 9 Pg ID 6
WELTMAN, WEINBERG & REIS Co., LPA ATTORNEYS AT LAW

Over SO Yeats ofServke.

2155 Butterfield Drive, Suite 200-S Troy, MI 48084-3463

(513) 723-6020 (800) 210-5514

MON-THURS 8AM-8PM, FRI 8AM-5PM, & SAT 8AM-12PM EST

April 24, 2014

AMBER COOK

18939 STRATHMOOR ST

DETROIT Ml 48235-2567

RE: Current Creditor: MIDLAND FUNDING LLC

NORDSTROM BANK

Account No.: XXXXX5455

WWRNo.: 20517983

Balance Dueas ofApril 24, 2014: $795.93

Take Advantage OfThis SavingsOpportunity During This Tax Season*

Dear AMBER COOK:

As you are aware, we representthe current creditor on the above referenced matter. Perhaps you already spoke to a

collection representative who explained the seriousness of the matter, or maybe you have not yet called us to discuss

payment options. In any event, it is our client'sdesire to resolve this mattertimely and amicably without further collection

efforts.

During thistaxseason, we invite you to call ustoll free at 1-800-210-5514 to discuss utilizing yourincome tax refund as a

source offunds tosatisfy this obligation for a reduced amount. We would like to offer you an opportunity to takeadvantage of

the substantial savings available byspeaking with a collection representative.

Thank you for your anticipated willingness to resolve this matter. This communication isfrom isa debtcollector attempting to

collect this debtfor the current creditor and any information obtained will be used for that purpose.

Sincerely,

Weltman, Weinberg &Reis Co., L.P.A.

347ONWELT01369

"To receive proper credit on your account, please detach the bottom portionand return withyour payment in the enclosed envelope***

2155 Butterfield Drive, Suite 200-S

Troy, MI 48084-3463

ADDRESS SERVICE REQUESTED

April 24, 2014

H02/369/18761162/0421-369 294773498

'l-liiill-lllll'i'-llill'l iiIHMH'i IIi-I'mH- AMBER COOK

18939 STRATHMOOR ST

DETROIT MI 48235-2567

Account No.: 20517983

Balance Due: $795.93

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

P.O. Box 5996

Cleveland, OH 44101-0996

H02/369/18761162/0421

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Exhibit B

2:15-cv-11348-LJM-MJH Doc # 1 Filed 04/13/15 Pg 8 of 9 Pg ID 8
Law Offices of

Weltman, Weinberg & Reis Co., L.P.A.

2155 Butterfield Drive, Suite 200-S

Troy, Michigan 48084

(248) 362-6100

AMBER COOK

18939 STRATHMOOR ST

DETROIT, MI 48235

April 18, 2014

Dear: AMBER COOK

Creditor:

MIDLAND FUNDING LLC

Internal No: 8560815939

Account No: XXXXX5455

Balance: $750.93

as of April 18, 2014

Our file No: 20517983 C A Det NPR

Please send payments to:

Weltman, Weinberg & Reis Co.

P.O. Box 5996

Cleveland, Ohio 44101-0996

A lawsuit is being filed against you in the above-captioned matter.

As of the date of this letter you owe the amount listed above.

If you wish to resolve this matter without the necessity of a contested

lawsuit and possible post-judgment legal proceedings, you may make

arrangements for liquidation of the balance due and owing by contacting

this office to make amicable arrangements for payment of this account.

In the event a judgment is rendered against you, the following

post-judgment proceedings among others may be instituted:

1. A garnishment can be filed on your non-exempt wages.

2. Your non-exempt personal property is subject to execution by the

bailiff or sheriff of the court.

3. A judgment lien can be filed against all real property owned by

you in the State of Michigan

You should be receiving the summons and complaint from the court in the

near future. Those documents will advise you of the action necessary

to respond to the lawsuit.

This law firm is a debt collector attempting to collect this debt for

our client and any information obtained will be used for that purpose.

Very truly yours,

Jonathan A. VanGemert,P7107 0

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