UNITED STATES DISTRICT COURT

IN AND FOR THE DISTRICT OF NEW JERSEY

NEWARK VICINAGE

 

Plaintiff(s)

IRENE SHIFMAN

Civil Action No.:

vs.

Defendant(s)

NORTHSTAR LOCATION SERVICES, LLC,

(JOHN DOES, I-V fictitious individuals) and

ABC CORP., I-V(fictitious companies) COMPLAINT AND DEMAND

FOR JURY TRIAL

 

COMPLAINT AND DEMAND FOR JURY TRIAL

Irene Shifman, Plaintiff in the above entitled and captioned matter, by way of

Complaint against the Defendants respectfully demands Judgment of this Honorable Court

against each Defendant, as follows:

INTRODUCTION

1. This is an action for damages against all Defendants for violations of the Fair

Debt Collection Practices Act, 15 U.S.C.§ 1692, et seq. (hereinafter

"FDCPA"). Plaintiff seeks actual damages, statutory damages, punitive

damages, costs and attorney's fees pursuant to the FDCPA.

JURISDICTION AND VENUE

2. Jurisdiction of this Court arises under 15 U.S.C.§ 1692k (d), 28 U.S.C. §

1337, 28 U.S.C. § 1332. Declaratory relief is available pursuant to 28 U.S.C.

§ 2201 and 2202. Venue in this District is proper in that the conduct

complained of occurred here and it is the district where Plaintiff resides. 28

U.S.C. § 1391.

PARTIES

3. Plaintiff, Irene Shifman is a natural person residing in Jersey City, NJ,

Hudson County and a protected person, as defined in the FDCPA.

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4. Defendants Northstar Location Services, LLC, John Does, I-V (fictitious

individuals) and ABC Corp I-V (fictitious companies) are domestic and/or

foreign corporations engaged in the business of collecting debts in this State.

5. Defendants Northstar Location Services, LLC, John Does, I-V (fictitious

individuals) and ABC Corp. I-V (fictitious companies) are "debt collectors"

as defined by the FDCPA, 15 U.S.C. § 1692a(6).

6. All Defendants are doing business in the State of New Jersey.

REQUEST FOR TRIAL BY JURY

7. Plaintiff requests a trial by jury.

REQUEST FOR EXEMPLARY/PUNITIVE DAMAGES

8. Plaintiff respectfully requests that this Court instruct the jury, as the trier of

facts, that in addition to actual, statutory and/or compensatory damages,

punitive or exemplarydamages maybe awarded against the Defendants under

the provisions of the FDCPA.

REQUEST FOR COSTS OF LITIGATION AND ATTORNEY FEES

9. Plaintiff respectfully requests that this Court award Plaintiff her litigation

expenses and other costs of litigation and reasonable attorney fees incurred

in this litigation, in accordance with the provisions of FDCPA.

GENERAL FACTUAL BASIS

10. Plaintiff, Irene Shifman, resides alone in Jersey City, New Jersey. Although

she has family living in the general area, she has not resided with any family

members in the last 14 years.

11. On March 5, 2010, the Defendants sent a collection letter to the Plaintiff at

her address in Jersey City. The letter was properly addressed, including

Plaintiff’s apartment number, and received by Ms. Shifman.

12. Within seven (7) days of the date of the collection letter Ms. Shifman called

Northstar Location Services, LLC. Plaintiff advised that she had received the

letter dated March 5, 2010.

13. Nevertheless, on March 15, 2010, the Plaintiff’s father received a telephone

call at his office on his office telephone number asking for Irene Shifman. He

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advised that this was a business address and number, that Irene did not live

there or with him, that she did not work there, and that this was not her

number. The person then identified themself as a representative of Northstar

Location Services, LLC and under the pretext of obtaining location

information identified Northstar Location Services, LLC as a debt collector

and disclosed that a debt was owed by Irene Shifman.

14. Mr. Shifman then called his daughter and advised her of the substance of the

telephone call. The call made Ms. Shifman very upset.

15. Ms. Shifman immediately drafted a letter advising Northstar Location

Services, LLC to cease and desist all communication with her and her family

members. The letter, dated March 16, 2010, was sent via certified mail, return

receipt requested.

16. Despite having confirmed Ms. Shifman’s address and having been told that

she had no connection to the New York City address and telephone number, 

Northstar Location Services, LLC prepared and mailed a collection letter to

Irene Shifman at her father’s New York City business address. The letter was

dated four (4) days after they had spoken with Ms. Shifman’s father and the

same date that Ms. Shifman’s letter was received by Northstar Location

Services, LLC.

17. From March 15, 2010, through March 26, 2010, Northstar Location Services,

LLC place numerous calls to her father’s workplace, several calls per day, 

claiming each time that Irene had given them this address and number as her

contact information. 

18. In violation of the FDCPA, specifically 15 U.S.C. § 1692d(5), Defendants

engaged in conduct the natural consequence was to harass and abuse the

Plaintiff by causing her telephone to ring and engaging the Plaintiff in

repeated telephone conversations with the intent to annoy, harass and abuse

the Plaintiff.

19. In violation of the FDCPA, specifically 15 U.S.C. § 1692d(2), Defendants

engaged in conduct the natural consequence was to harass and abuse the

Plaintiff by causing using abusive language

20. As a result of these actions, Plaintiff has sustained actual damages, emotional

distress and statutory damages.

21. All conditions precedent to the bringing of this action have been performed,

waived or excused.

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COUNT I

VIOLATION OF THE FDCPA BY DEFENDANT, NORTHSTAR

LOCATION SERVICES, LLC, JOHN DOES, I-V OR ABC CORP. I-V

22. Plaintiff repeats, realleges and incorporates by reference Paragraphs 1

through 15 above.

23. Defendants violated the FDCPA. Defendants' violations include, but are not

limited to, the following:

The Defendants violated 15 U.S.C. §1692b by communicating debt

information to third parties using the right to obtain location information a s

a pretext.

The Defendants violated 15 U.S.C. §1692c(b) by communicating debt

information to third parties without prior consent of the consumer.

The Defendants violated 15U.S.C. §1692c© bycommunicating regarding the

debt after written notice to cease all communications.

The Defendants violated 15 U.S.C. § 1692d(5) by engaging in conduct with

the intent to annoy, abuse and harass Plaintiff.

24. As a result of the above violations of the FDCPA, the Defendants Northstar

Location Services, LLC, John Does, I-V (fictitious individuals) and ABC

Corp I-V (fictitious companies) are liable to the Plaintiff for declaratory

judgment that their conduct violated the FDCPA, and for Plaintiff's actual

damages, statutory damages, punitive damages, costs and attorney's fees.

WHEREFORE, Plaintiff respectfully prays that judgment be entered against the

Defendants, Northstar Location Services, LLC, John Does, I-V (fictitious individuals) and

ABC Corp. I-V (fictitious companies) for declaratory judgment that Defendants' conduct

violated the FDCPA, and declaratoryand injunctive relieffor such; actual damages; statutory

damages pursuant to 15 U.S.C. § 1692k; punitive damages; costs and reasonable attorney's

fees, pursuant to 15 U.S.C. § 1692k, and for such other and further relief as may be just and

proper.

GREENBERG MINASIAN, L.L.C.

Attorneys for Plaintiff Irene Shifman

Date: January 26, 2011 S/ WilliamS. Grenberg 

WILLIAM S. GREENBERG

GREENBERG MINASIAN, L.L.C.

 80 MAIN STREET - SUITE # 450

WEST ORANGE, NJ 07052

 (973)325-7711

 Attorney ID No. (WSG-4659)

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