IN UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No.: ______

Natasha Witley,

Plaintiff/Movant,

Delanore, Kemper & Associates, LLC; and 

DOES 1-10, inclusive,

Defendants.

COMPLAINT

For this Complaint, the Plaintiff, Natasha Witley, by undersigned counsel, states as 

follows: 

JURISDICTION

1. This action arises out of Defendant’s repeated violations of the Fair Debt 

Collection Practices Act, 15 U.S.C. § 1692, et seq. (“FDCPA”), and repeated violations of the 

Colorado Fair Debt Collection Practices Act, Colo. Rev. Stat. § 12-14-101, et seq. (“CFDCPA”) 

by the Defendant and its agents in their illegal efforts to collect a consumer debt.

2. Supplemental jurisdiction exists pursuant to 28 U.S.C. § 1367. 

3. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b), in that the 

Defendants transact business in this District and a substantial portion of the acts giving rise to 

this action occurred in this District.

PARTIES

4. Plaintiff, Natasha Witley (“Plaintiff”), is an adult individual residing in Pueblo, 

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Colorado, and is a “consumer” as the term is defined by 15 U.S.C. § 1692a(3).

5. Defendant Delanore, Kemper & Associates, LLC (“Delanore”), is a defendant 

with an address of 2221 Peachtree Road, # 473, Suite D Atlanta, Georgia 30309, operating as a 

collection agency, and is a “debt collector” as the term is defined by 15 U.S.C. § 1692a(6). 

6. Does 1-10 (the “Collectors”) are individual collectors employed by Delanore and 

whose identities are currently unknown to the Plaintiff. One or more of the Collectors may be 

joined as parties once their identities are disclosed through discovery.

7. Delanore at all times acted by and through one or more of the Collectors.

ALLEGATIONS APPLICABLE TO ALL COUNTS

A. The Debt

8. The Plaintiff incurred a financial obligation (the “Debt”) to a Creditor (the 

“Creditor”). 

9. The Debt arose from services provided by the Creditor which were primarily for 

family, personal or household purposes and which meets the definition of a “debt” under 15 

U.S.C. § 1692a(5). 

10. The Debt was purchased, assigned or transferred to for collection, or was 

employed by the Creditor to collect the Debt.

11. The Defendants attempted to collect the Debt and, as such, engaged in 

“communications” as defined in 15 U.S.C. § 1692a(2). 

B. Engages in Harassment and Abusive Tactics

FACTS

12. Within the last year, Delanore contacted Plaintiff in an attempt to collect the Debt. 

13. Delanore threatened to take immediate legal action against Plaintiff if she did not 

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immediately pay the Debt. Plaintiff is peculiarly susceptible to threats as she has been diagnosed 

as a high risk pregnancy.

14. Delanore threatened to contact Plaintiff’s family and demand money from them if 

Plaintiff did not immediately pay the Debt.

15. Delanore failed to inform Plaintiff of her rights under the state and federal laws by 

written correspondence within 5 days after the initial communication, including the right to 

dispute the Debt.

C. Plaintiff Suffered Actual Damages

16. The Plaintiff has suffered and continues to suffer actual damages as a result of the

Defendants’ unlawful conduct. 

17. As a direct consequence of the Defendants’ acts, practices and conduct, the 

Plaintiff suffered and continues to suffer from humiliation, anger, anxiety, emotional distress, 

fear, frustration and embarrassment, and a panic attack

18. The Defendants’ conduct was so outrageous in character, and so extreme in 

degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and 

utterly intolerable in a civilized community.

COUNT I

VIOLATIONS OF THE FEDERAL FAIR DEBTCOLLECTION PRACTICES ACT - 15 

U.S.C. § 1692, et seq.

19. Plaintiff incorporates by reference all of the above paragraphs of this Complaint 

as though fully stated herein.

20. The Defendants’ conduct violated 15 U.S.C. § 1692e(5) in that Defendants 

threatened to take legal action, without actually intending to do so.

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21. The Defendants’ conduct violated 15 U.S.C. § 1692g(a)(1) in that Defendants 

failed to send the Plaintiff a validation notice stating the amount of the debt.

22. The Defendants’ conduct violated 15 U.S.C. § 1692g(a)(2) in that Defendants 

failed to send the Plaintiff a validation notice stating the name of the original creditor to whom 

the debt was owed.

23. The Defendants’ conduct violated 15 U.S.C. § 1692g(a)(3) in that Defendants 

failed to send the Plaintiff a validation notice stating the Plaintiff’s right to dispute the debt 

within thirty days.

24. The Defendants’ conduct violated 15 U.S.C. § 1692g(a)(4) in that Defendants 

failed to send the Plaintiff a validation notice informing the Plaintiff of a right to have 

verification and judgment mailed to the Plaintiff.

25. The Defendants’ conduct violated 15 U.S.C. § 1692g(a)(5) in that Defendants 

failed to send the Plaintiff a validation notice containing the name and address of the original 

creditor.

26. The Defendants’ conduct violated 15 U.S.C. § 1692g(b) in that Defendants 

continued collection efforts even though the debt had not been verified.

27. The foregoing acts and omissions of the Defendant constitute numerous and 

multiple violations of the FDCPA, including every one of the above-cited provisions.

28. The Plaintiff is entitled to damages as a result of Defendant’s violations.

COUNT II

VIOLATIONS OF THE COLORADO FAIR DEBTCOLLECTION PRACTICES ACT 

Colo. Rev. Stat. § 12-14-101, et seq.

29. The Plaintiff incorporates by reference all of the above paragraphs of this 

Complaint as though fully stated herein. 

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30. The Plaintiff is a “consumer” as defined by Colo. Rev. Stat. § 12-14-103(4). 

31. The Defendants are a “collection agency” and “debt collectors” as defined by 

Colo. Rev. Stat. § 12-14-103(2) and (7). 

32. The Defendants threatened to take action that could not legally be taken or that 

was not intended to be taken, in violation of Colo. Rev. Stat. § 12-14-107(1)(e).

33. The Defendants failed to send the Plaintiff a written notice within five days after 

the initial communication with the Plaintiff stating the amount of the debt, in violation of Colo. 

Rev. Stat. § 12-14-109(1)(a).

34. The Defendants failed to send the Plaintiff a written notice within five days after 

the initial communication with the Plaintiff stating the name of the creditor to whom the debt 

was owed, in violation of Colo. Rev. Stat. § 12-14-109(1)(b).

35. The Defendants failed to send the Plaintiff a written notice within five days after 

the initial communication with the Plaintiff stating that unless the Plaintiff, within thirty days 

after receipt of the notice, disputed the validity of the debt, or any portion thereof, the debt would 

be assumed to be valid by the Defendants, in violation of Colo. Rev. Stat. § 12-14-109(1)(c).

36. The Defendants failed to send the Plaintiff a written notice within five days after 

the initial communication with the Plaintiff stating that if the Plaintiff notified the Defendants in 

writing within the thirty-day period that the debt, or any portion thereof, was disputed, the 

Defendants would obtain verification of the debt or a copy of a judgment against the Plaintiff and 

a copy of such verification or judgment would be mailed to the Plaintiff by the Defendants, in 

violation of Colo. Rev. Stat. § 12-14-109(1)(d).

37. The Defendants failed to send the Plaintiff a written notice within five days after 

the initial communication with the Plaintiff stating that upon the Plaintiff’s written request within 

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the thirty-day period, the Defendants would provide the Plaintiff with the name and address of 

the original creditor, if different from the current creditor, in violation of Colo. Rev. Stat. § 12-

14-109(1)(e).

38. The foregoing acts and omissions of the Defendant constitute numerous and 

multiple violations of the CFDCPA, including every one of the above-cited provisions.

39. The Plaintiff is entitled to damages as a result of Defendant’s violations.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that judgment be awarded in his favor and 

against the Defendants as follows:

1. Against the named Defendants, jointly and severally, awarding Plaintiff actual 

damages pursuant to 15 U.S.C. § 1692k(a)(1) or Colo. Rev. Stat. § 12-14-

113(1)(a);

2. Against each of the named Defendants, awarding Plaintiff statutory damages of 

$1,000.00 pursuant to 15 U.S.C. §1692k(a)(2)(A) or Colo. Rev. Stat. § 12-14-

113(1)(b);

3. Against the named Defendants, jointly and severally, awarding Plaintiffs 

recovery of his litigation costs of litigation and reasonable attorney’s fees 

pursuant to 15 U.S.C. § 1692k(a)(3) and Colo. Rev. Stat. § 12-14-113(1)(c); 

4. Granting Plaintiff such other and further relief as may be just and proper.

TRIAL BY JURY DEMANDED ON ALL COUNTS

Dated: July 5, 2011

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Respectfully submitted,

By __/s/ Lark Fogel______________

Lark Fogel, Esq.

Bar Number: 030383

P.O. Box 2486

Elizabeth, Colorado 80107

Tel. 303.596.4838

Fax.203.653.3424

larklaw@gmail.com

Attorneys for Plaintiff

Of Counsel To:

LEMBERG & ASSOCIATES L.L.C.

1100 Summer Street, 3rd Floor

Stamford, CT 06905

Telephone: (203) 653-2250

Facsimile: (203) 653-3424

Plaintiff:

Natasha Witley

1110 West 16th Street

Pueblo, Colorado 81003

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