UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

Rebecca Gomez 

32125 St Annes Dr 

Warren, MI 48092 

 Plaintiff, 

 

v. 

Encore Receivable Management, Inc 

c/o Corporation Service Company, 

Registered Agent 

601 Abbott Road 

East Lansing, MI 48823 

 Defendant. 

Case No.: 

Judge: 

COMPLAINT FOR DAMAGES 

UNDER THE FAIR DEBT COLLECTION 

PRACTICES ACT AND OTHER 

EQUITABLE RELIEF

JURY DEMAND ENDORSED HEREIN 

 

JURISDICTION AND VENUE

1. Jurisdiction is founded on 28 U.S.C. §1331 pursuant to the Fair Debt Collection Practices 

Act (FDCPA), 15 U.S.C. §1692. Venue is proper because a substantial part of the events 

giving rise to this claim occurred in this judicial district. 

FACTS COMMON TO ALL COUNTS

2. Plaintiff is a “consumer” as defined by 15 U.S.C. §1692a(3). 

3. Plaintiff incurred a “debt” as defined by 15 U.S.C. §1692a(5). 

4. At the time of the communications referenced herein, Defendant either owned the debt or 

was retained by the owner to collect the debt. 

5. Defendant is a “debt collector” as defined by the FDCPA, 15 U.S.C. §1692a(6). 

6. Plaintiff filed this claim within the timeframe permitted under the FDCPA. 

7. On or around October 1, 2008, Defendants employee Danny George (“George”) telephoned 

Plaintiff. 

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8. During this communication, George failed to identify Defendant as a debt collector. 

9. During this communication, George failed to identify Defendant by name. 

10. During this communication, George misrepresented himself as a representative of Macomb 

County. 

11. During this communication, George stated that George needed to speak to Plaintiff or 

Plaintiff’s attorney that day. 

12. Defendant caused Plaintiff substantial anxiety and stress. 

13. Defendant violated the FDCPA. 

COUNT ONE

Violation of the Fair Debt Collection Practices Act 

14. Plaintiff incorporates each of the preceding allegations as if specifically stated herein. 

15. Defendant violated 15 U.S.C. §1692d in that Defendant failed to meaningfully disclose its 

identity during telephone communications with Plaintiff. 

COUNT TWO

Violation of the Fair Debt Collection Practices Act 

16. Plaintiff incorporates each of the preceding allegations as if specifically stated herein. 

17. Defendant violated 15 U.S.C. §1692e in that Defendant failed to advise Plaintiff during 

verbal communications that Defendant was a debt collector. 

COUNT THREE

Violation of the Fair Debt Collection Practices Act

18. Plaintiff incorporates each of the preceding allegations as if specifically stated herein. 

19. Defendant violated 15 U.S.C. §1692e by making misrepresentations during its 

communications with Plaintiff. 

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COUNT FOUR

Violation of the Fair Debt Collection Practices Act 

20. Plaintiff incorporates each of the preceding allegations as if specifically stated herein. 

21. The Defendant violated 15 U.S.C. §1692f in that its actions were unfair and/or 

unconscionable means to collect the debt. 

JURY DEMAND

22. Plaintiff demands a trial by jury. 

PRAYER FOR RELIEF

23. Plaintiff prays for the following relief: 

a. Judgment against Defendant for actual damages, statutory damages, and costs and 

reasonable attorney’s fees pursuant to 15 U.S.C. §1692k. 

b. For such other legal and/or equitable relief as the Court deems appropriate. 

RESPECTFULLY SUBMITTED, 

 Legal Helpers, P.C. 

 Attorneys for Plaintiff 

 

 By: s/Timothy J. Sostrin

Timothy J. Sostrin 

233 S. Wacker, Suite 5150 

Chicago, IL 60606 

Telephone: 312-753-7576 

Fax: 312-822-1064 

Email: tjs@legalhelpers.com

 s/ with consent of Lori A. Leigh 

Lori A. Leigh 

17117 W. Nine Mile, Suite 1020 

Southfield, MI 48075 

Telephone: 866-339-1156 

Fax: 248-569-3874 

Email: lal@legalhelpers.com

Bar # P65423 (Local Counsel)

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