UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

Richard Duncan 

33200 Freedom Rd. Apt. 7 

Farmington, MI 48336 

 Plaintiff, 

 

v. 

I.C. System, Inc. 

c/o The Corporation Company 

30600 Telegraph Rd., STE 2345 

Bingham Farms, MI 48025 

 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 September 11, 2008, Defendant telephoned Plaintiff. 

8. During this communication, Defendant misrepresented that Defendant’s phone call was a 

pre-litigation call. 

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9. During this communication, Defendant threatened to sue Plaintiff if Plaintiff did not satisfy 

the debt. 

10. On or around September 22, 2008, Defendant telephoned Plaintiff. 

11. During this communication, Defendant spoke to Plaintiff in an abusive manner 

12. During this communication, Defendant threatened to sue Plaintiff if Plaintiff did not satisfy 

the debt immediately. 

13. On or around September 25, 2008, Defendant telephoned Plaintiff. 

14. During this communication, Defendant threatened to sue Plaintiff if Plaintiff did not satisfy 

the debt immediately. 

15. During this communication, Plaintiff requested that Defendant cease Defendant’s excessive 

phone calls to Plaintiff. 

16. During this communication, Defendant responded by threatening to telephone Plaintiff as 

much as Defendant pleased and whenever Defendant pleased. 

17. At the time of the communications referenced above, Defendant had neither the intent nor 

ability to sue Plaintiff to recover the debt. 

18. Defendant damaged Plaintiff emotionally and mentally and caused Plaintiff substantial 

anxiety and stress. 

19. Defendant violated the FDCPA. 

COUNT ONE

Violation of the Fair Debt Collection Practices Act 

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

21. Defendant violated 15 U.S.C. §1692d in that Defendant used obscene and/or abusive 

language during its communications in connection with the collection of the debt. 

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COUNT TWO

Violation of the Fair Debt Collection Practices Act 

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

23. Defendant violated 15 U.S.C. §1692e in that it threatened action that could not legally be 

taken and/or that was not intended to be taken. 

COUNT THREE

Violation of the Fair Debt Collection Practices Act

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

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

communications with Plaintiff. 

COUNT FOUR

Violation of the Fair Debt Collection Practices Act 

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

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

unconscionable means to collect the debt. 

JURY DEMAND

28. Plaintiff demands a trial by jury. 

PRAYER FOR RELIEF

29. 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. 

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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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