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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

RICCO STARMS, ) 

 ) 

 Plaintiff, ) Case No. 3:14-cv-1730 

 ) 

 v. ) 

 ) COMPLAINT

VIRTUOSO SOURCING GROUP, LLC, ) 

 ) JURY DEMANDED

Defendant. ) 

 

 

Now comes the Plaintiff, RICCO STARMS, by and through her attorneys, and for her 

Complaint, against the Defendant, VIRTUOSO SOURCING GROUP, LLC, Plaintiff alleges and 

states as follows: 

PRELIMINARY STATEMENT

 1. This is an action for damages for violations of the Fair Debt Collection Practices 

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

JURISDICTION AND VENUE 

 2. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1337 and 1367, and 15 

U.S.C. § 1692k(d). This jurisdiction includes supplemental jurisdiction with respect to pendent 

state law claims. 

 3. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) because a 

substantial part of the events and omissions giving rise to this claim occurred in this District. 

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PARTIES 

4. Plaintiff is an individual who was at all relevant times residing in Indianapolis, 

Indiana. 

5. Plaintiff is a “consumer” as defined in 15 U.S.C. § 1692a(3), as he is a natural 

person allegedly obligated to pay a debt. 

6. At all relevant times, Defendant acted as a “debt collector” within the meaning of 

15 U.S.C. § 1692a(6), in that it held itself out to be a company collecting a consumer debt 

allegedly owed by Plaintiff. 

7. The aforementioned alleged debt is a “debt” within the meaning of 15 U.S.C. § 

1692a(5), in that it is an alleged obligation of a consumer to pay money arising out of a 

transaction in which the money, property, insurance and/or services which are the subject of the 

transaction were primarily for personal, family and/or household purposes. 

8. On information and belief, Defendant is a corporation of the State of Colorado, 

which is licensed to do business in Indiana, and which has its principal place of business in 

Glendale, Colorado. 

FACTS COMMON TO ALL COUNTS 

9. On or about April 3, 2014, an employee, agent and/or representative of Defendant 

communicated with Plaintiff by telephone in an attempt to collect the alleged debt. 

10. During said communication, Plaintiff informed Defendant’s employee, agent 

and/or representative that he was represented by an attorney with respect to the alleged debt, and 

provided his attorney’s contact information to Defendant 

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11. Despite having been informed that Plaintiff was represented by an attorney with 

respect to the alleged debt, Defendant placed telephone calls to Plaintiff in further attempts to 

collect the alleged debt on or about April 8, 10 and 15, 2014. 

12. In its attempts to collect the alleged debt as outlined above, Defendant damaged 

Plaintiff and violated the FDCPA. 

 13. As a result of Defendant’s actions as outlined above, Plaintiff has suffered and 

continues to suffer stress, aggravation, emotional distress and mental anguish. 

COUNT I 

14. Plaintiff incorporates all of the allegations and statements made above as if 

reiterated herein. 

15. Defendant violated 15 U.S.C. § 1692b(6) by communicating with Plaintiff after 

Defendant had been advised that Plaintiff was represented by an attorney with respect to the 

alleged debt. 

 WHEREFORE, Plaintiff prays for the following relief: 

a. Judgment against Defendant for Plaintiff’s actual damages suffered as a 

direct and proximate result of Defendant’s violations of the FDCPA, 

pursuant to 15 U.S.C. §1692k(a)(1); 

b. Judgment against Defendant for $1,000 in statutory damages for 

Defendant’s violations of the FDCPA, pursuant to 15 U.S.C. 

§1692k(a)(2)(A); 

c. Judgment against Defendant for Plaintiff’s reasonable attorneys’ fees and 

costs incurred in this action, pursuant to 15 U.S.C. §1692k(a)(3); and 

d. Any other legal and/or equitable relief as the Court deems appropriate. 

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COUNT II 

16. Plaintiff incorporates all of the allegations and statements made above as if 

reiterated herein. 

17. Defendant violated 15 U.S.C. § 1692c(a)(2) by communicating with Plaintiff after 

Defendant had been advised that Plaintiff was represented by an attorney with respect to the 

alleged debt. 

 WHEREFORE, Plaintiff prays for the following relief: 

a. Judgment against Defendant for Plaintiff’s actual damages suffered as a 

direct and proximate result of Defendant’s violations of the FDCPA, 

pursuant to 15 U.S.C. §1692k(a)(1); 

b. Judgment against Defendant for $1,000 in statutory damages for 

Defendant’s violations of the FDCPA, pursuant to 15 U.S.C. 

§1692k(a)(2)(A); 

c. Judgment against Defendant for Plaintiff’s reasonable attorneys’ fees and 

costs incurred in this action, pursuant to 15 U.S.C. §1692k(a)(3); and 

d. Any other legal and/or equitable relief as the Court deems appropriate. 

COUNT III 

18. Plaintiff incorporates all of the allegations and statements made above as if 

reiterated herein. 

19. Defendant violated 15 U.S.C. § 1692d by engaging in conduct the natural 

consequence of which was to harass, oppress and/or abuse Plaintiff in connection with the 

collection of the alleged debt. 

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 WHEREFORE, Plaintiff prays for the following relief: 

a. Judgment against Defendant for Plaintiff’s actual damages suffered as a 

direct and proximate result of Defendant’s violations of the FDCPA, 

pursuant to 15 U.S.C. §1692k(a)(1); 

b. Judgment against Defendant for $1,000 in statutory damages for 

Defendant’s violations of the FDCPA, pursuant to 15 U.S.C. 

§1692k(a)(2)(A); 

c. Judgment against Defendant for Plaintiff’s reasonable attorneys’ fees and 

costs incurred in this action, pursuant to 15 U.S.C. §1692k(a)(3); and 

d. Any other legal and/or equitable relief as the Court deems appropriate. 

COUNT IV 

20. Plaintiff incorporates all of the allegations and statements made above as if 

reiterated herein. 

21. Defendant violated 15 U.S.C. § 1692f by using an unfair or unconscionable 

means to attempt to collect the alleged debt. 

 WHEREFORE, Plaintiff prays for the following relief: 

a. Judgment against Defendant for Plaintiff’s actual damages suffered as a 

direct and proximate result of Defendant’s violations of the FDCPA, 

pursuant to 15 U.S.C. §1692k(a)(1); 

b. Judgment against Defendant for $1,000 in statutory damages for 

Defendant’s violations of the FDCPA, pursuant to 15 U.S.C. 

§1692k(a)(2)(A); 

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c. Judgment against Defendant for Plaintiff’s reasonable attorneys’ fees and 

costs incurred in this action, pursuant to 15 U.S.C. §1692k(a)(3); and 

d. Any other legal and/or equitable relief as the Court deems appropriate. 

JURY DEMAND 

 Plaintiff demands a trial by jury on all issues in this action, except for any issues relating 

to the amount of attorneys’ fees and litigation costs to be awarded should Plaintiff prevail on any 

of her FDCPA claims in this action. 

RESPECTFULLY SUBMITTED, 

 RICCO STARMS 

 

 By: /s/ David P. Leibowitz 

David P. Leibowitz 

Attorney for Plaintiff 

Illinois Attorney No. 1612271 

Upright Law, LLC 

25 E. Washington Street 

Suite 400 

Chicago, IL 60602 

Phone: (312) 878-1605 

Fax: 866-359-7478 

dleibowitz@lawsolutionsbk.com 

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