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joan\terrell-natioanalrecovery\pleadings\complaint5/17/2004

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

NATHANIEL J. TERRELL

1014 E. Dorset Street

Philadelphia, PA 19150

Plaintiff

vs.

NATIONAL RECOVERY AGENCY INC.

4201 Crums Mill Road

Harrisburg, PA 17112-2893

 Defendant

CIVIL ACTION

NO.

COMPLAINT

I. INTRODUCTION

1. This is an action for damages brought by a consumer pursuant to the Fair Debt 

Collection Practices Act, 15 U.S.C. §1692 (“FDCPA”) which prohibits collectors from engaging 

in deceptive and unfair practices. Defendant has sent plaintiff a collection notice which is false 

and misleading in violation of 15 U.S.C. §1692e.

2. Declaratory relief is available pursuant to 28 U.S.C. §2201 and §2202. 

II. JURISDICTION

3. Jurisdiction arises under 15 U.S.C. §1692k and 28 U.S.C. §1337. 

III. PARTIES

4. Plaintiff is Nathaniel J. Terrell, a consumer who resides in Philadelphia, 

Pennsylvania at the address captioned.

5. Defendant, National Recovery Agency Inc. (“National”) is a collection agency 

incorporated under the laws of the Commonwealth of Pennsylvania, with an office for the 

regular transaction of business located in Harrisburg, Pennsylvania, as captioned.

Case 2:04-cv-02137-JD Document 1 Filed 05/17/04 Page 1 of 3
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6. Defendant National regularly uses the mails and telephone to attempt to collect 

consumer debts alleged to be due another. National is a “debt collector” as that term is 

contemplated in the FDCPA, 15 U.S.C. §1692a(6).

IV. STATEMENT OF CLAIM

7. On January 5, 2004, National, in an attempt to collect a consumer debt, sent the 

plaintiff a communication with regard to the collection of a debt that was allegedly owed to “PA 

State Employees Cr Un”. (See correspondence from National attached hereto as Exhibit “A,” 

redacted per local rule).

8. The letter attached as Exhibit “A” states that if the alleged debt remains unpaid, 

the matter may be reported to the credit bureaus [sic] and “‘unpaid account’ information will be 

available to the business community.” (emphasis added) This is false and misleading. The 

content of a consumer file with a credit reporting agency is not “available to the business 

community.” It is only available to the consumer to whom it relates and to restricted users with 

specific statutorily enumerated permissible purposes. See 15 U.S.C. §1681b (Fair Credit 

Reporting Act).

9. The above reference renders the notice false, misleading and confusing.

10. The false statement was designed to intimidate and mislead the consumer.

COUNT I - FAIR DEBT COLLECTION PRACTICES ACT

11. Plaintiff repeats the allegations contained above as if the same were here set forth 

at length.

12. The acts by National described above violate the FDCPA by sending false or 

misleading communications in violation of §§1692e, 1692e(4), and1692e(5).

Case 2:04-cv-02137-JD Document 1 Filed 05/17/04 Page 2 of 3
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WHEREFORE, plaintiff Nathaniel J. Terrell demands judgment against defendant 

National Recovery Agency Inc., for:

(a) Damages;

(b) Attorney’s fees and costs;

(c) A declaration that the conduct complained of violates the provisions of the 

FDCPA.

(d) Such other and further relief as the Court shall deem just and proper.

V. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury as to all issues so triable.

Respectfully submitted:

Date: May ___, 2004 _____________________________

CARY L. FLITTER

Attorney for Plaintiff

LUNDY, FLITTER, 

BELDECOS & BERGER, P.C.

420 N. Narberth Avenue

Narberth, PA 19072

(610) 822-0782

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