UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

ERICK CAFFARELLO, ) 

)

Plaintiff, )

)

v. ) No. 2:15-cv-32

)

RECEIVABLES MANAGEMENT )

SERVICES, CORP., )

) 

Defendant. )

PLAINTIFF’S COMPLAINT

Plaintiff, ERICK CAFFARELLO (“Plaintiff”), through his attorney, AGRUSS LAW 

FIRM, LLC, alleges the following against Defendant, RECEIVABLES MANAGEMENT 

SERVICES, CORP. (“Defendant”):

INTRODUCTION

1. Plaintiff’s Complaint is based on the Fair Debt Collection Practices Act, 15 U.S.C. 1692 

et seq. (FDCPA). 

JURISDICTION AND VENUE

2. This Court has jurisdiction under 28 U.S.C. §§1331, 1337, and 15 U.S.C. §1692k 

(FDCPA).

3. 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.”

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4. Venue and personal jurisdiction in this District are proper because Defendants do or 

transact business within this District, and a material portion of the events at issue occurred 

in this District.

PARTIES

5. Plaintiff is a natural person residing in Valparaiso, Porter County, Indiana. 

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

7. Plaintiff allegedly owes a debt as that term is defined by 15 U.S.C. 1692a(5).

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

9. Within the last year, Defendant attempted to collect a consumer debt from Plaintiff.

10. Defendant is a national collection agency headquartered in Bethlehem, Pennsylvania.

11. Defendant’s business includes, but is not limited to, collecting on unpaid, outstanding 

account balances.

12. When an unpaid, outstanding account is placed with Defendant it is assigned an account

number.

13. The principal purpose of Defendant’s business is the collection of debts allegedly owed to 

third parties. 

14. Defendant regularly collects, or attempts to collect, debts allegedly owed to third parties. 

15. During the course of its attempts to collect debts allegedly owed to third parties, Defendant 

sends to alleged debtors bills, statements, and/or other correspondence, via the mail and/or 

electronic mail, and initiates contact with alleged debtors via various means of 

telecommunication, such as by telephone and facsimile. 

16. Defendant acted through its agents, employees, officers, members, directors, heirs, 

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

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FACTUAL ALLEGATIONS

17. Defendant is attempting to collect an alleged consumer debt from Plaintiff on behalf of 

the original creditor, Travelers Insurance, original claim number ending in 3028-NT, 

Defendant’s account number 00025206190 (“Account”).

18. Plaintiff’s alleged debt owed arises from transactions for personal, family, and household 

purposes.

19. On August 2, 2012, Plaintiff paid his alleged debt with Travelers Insurance for $50.00, the 

entire amount due. See Exhibit A.

20. Despite Plaintiff’s payment of his alleged debt, in full, Defendant was assigned to collect 

on Plaintiff’s account.

21. Therefore, Defendant is attempting to collect an alleged debt not owed by Plaintiff.

22. On July 31, 2014, Defendant sent Plaintiff a letter in an attempt to collect Plaintiff’s 

alleged debt not owed. See Exhibit B

23. On August 9, 2014, Plaintiff disputed the alleged debt by sending Defendant, via certified 

mail-return receipt requested, No. 7014-0510-0000-1025-4527, a request for debt 

validation. See Exhibit C. 

24. Also within the aforementioned letter to Defendant, Plaintiff requested that Defendant 

cease “all future attempts to collect on the said debt.” See Exhibit C.

25. Plaintiff received a receipt of delivery for the above-referenced letter. See Exhibit C.

26. Despite having received confirmation that Defendant received Plaintiff’s request for debt 

validation and cease and desist request, Defendant sent Plaintiff three additional letters on 

October 4, 2014, November 4, 2014, and December 2, 2014 attempting to collect on 

Plaintiff’s alleged debt not owed. See Exhibits D, E and F.

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COUNT I

DEFENDANT VIOLATED THE FAIR DEBT COLLECTION PRACTICES ACT

27. Defendant violated the FDCPA based on the following:

a. Defendant violated §1692c(c) of the FDCPA by communicating with the consumer 

with respect to such debt after the consumer notified a debt collector 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, when Defendant continued to 

send Plaintiff collection letters in an attempt to collect the alleged debt not owed 

after Plaintiff notified Defendant in writing to cease communication; 

b. Defendant violated §1692d of the FDCPA by engaging in conduct that the natural 

consequences of which was to harass, oppress, and abuse Plaintiff in connection 

with the collection of an alleged debt, when Defendant continued to send Plaintiff 

collection letters in an attempt to collect on Plaintiff’s alleged debt not owed 

despite Plaintiff’s cease and desist letter; and 

c. Defendant violated §1692e(2)(A) of the FDCPA by falsely representing the 

amount of any debt, when Defendant attempted to collect a debt not owed from 

Plaintiff; 

WHEREFORE, Plaintiff, ERICK CAFFARELLO, respectfully requests judgment be 

entered against Defendant, RECEIVABLES MANAGEMENT SERVICES, CORP., for the 

following:

28. Statutory damages of $1,000.00 pursuant to the Fair Debt Collection Practices Act, 15 

U.S.C. 1692k,

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29. Costs and reasonable attorneys’ fees pursuant to the Fair Debt Collection Practices Act, 

15 U.S.C. 1692k 

30. Any other relief that this Honorable Court deems appropriate.

RESPECTFULLY SUBMITTED,

January 26, 2015 By:_/s/ Michael S. Agruss

Michael S. Agruss (IL SBN: 6281600)

Agruss Law Firm, LLC

4619 N. Ravenswood Ave.

Suite 303A

Chicago, IL 60640

Tel: 312-224-4695

Fax: 312-253-4451

michael@agrusslawfirm.com

Attorney for Plaintiff

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EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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EXHIBIT D

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EXHIBIT E

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EXHIBIT F

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