UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY

CHRISTOPHER RIZZO, on behalf of himself and 

all others similarly situated, 

 Plaintiff(s), 

-againstCivil Case No.: ___________________ 

CIVIL ACTION 

CLASS ACTION COMPLAINT

AND 

JURY TRIAL DEMAND 

NCO FINANCIAL SYSTEMS, INC., and JOHN 

DOES 1-25, 

 Defendant. 

Plaintiff, Christopher Rizzo, on behalf of himself and all others similarly situated

(hereinafter “Plaintiff”) by and through his undersigned attorneys, alleges against the abovenamed Defendants, NCO Financial Systems, Inc., (hereinafter “Defendant”) and JOHN DOES 1-

25, their employees, agents, and successors the following: 

PRELIMINARY STATEMENT

1. Plaintiff brings this action for damages and declaratory and injunctive relief

arising from the Defendant’s violation of 15 U.S.C. § 1692 et seq., the Fair Debt Collections 

Practices Act (hereinafter “FDCPA”), which prohibits debt collectors from engaging in abusive, 

deceptive and unfair practices. 

JURISDICTION AND VENUE

2. This Court has jurisdiction over this action pursuant to 28 U.S.C. §1331. This is

an action for violations of 15 U.S.C. § 1692 et seq. 

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3. Venue is proper in this district under 28 U.S.C. §1391(b)(2) because the acts and

transactions that give rise to this action occurred, in substantial part, in this district. 

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DEFINITIONS

4. As used in reference to the FDCPA, the terms “creditor,” “consumer,” “debt,” and 

“debt collector” are defined in § 803 of the FDCPA and 15 U.S.C. § 1692a. 

PARTIES

5. The FDCPA, 15 U.S.C. § 1692 et seq., which prohibits certain debt collection 

practices provides for the initiation of court proceedings to enjoin violations of the FDCPA and 

to secure such equitable relief as may be appropriate in each case. 

6. Plaintiff is a natural person and a resident of the State of New Jersey, and is a 

“Consumer” as defined by 15 U.S.C. § 1692a(3). 

7. Defendant is a foreign company with its executive offices located at 507 

Prudential Road, Horsham, PA 19044. 

8. Upon information and belief, Defendant is primarily in the business of collecting 

past due debts allegedly due to another, and is therefore a “Debt Collector,” as that term is 

defined by 15 U.S.C. §1692a(6). 

9. John Does 1-25, are fictitious names of individuals and business alleged for the 

purpose of substituting names of defendants whose identities will be disclosed in discovery and

should be made parties to this action. 

CLASS ACTION ALLEGATIONS

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10. Plaintiff brings this action as a class action, pursuant to Rule 23 of the Federal 

Rules of Civil Procedure (hereinafter “FRCP”), on behalf of himself and all New Jersey 

consumers and their successors in interest (the “Class”), who have received debt collection

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letters and/or notices from the Defendant which are in violation of the FDCPA, as described in

this Complaint. 

11. This Action is properly maintained as a class action. The Class consists of: 

• All New Jersey consumers who received collection letters and/or notices from

the Defendant that contained at least one of the alleged violations arising from 

the Defendant’s violation of 15 U.S.C. § 1692 et seq. 

• The Class period begins one year to the filing of this Action.

12. The Class satisfies all the requirements of Rule 23 of the FRCP for maintaining a

class action: 

• Upon information and belief, the Class is so numerous that joinder of all

members is impracticable because there are hundreds and/or thousands of 

persons who have received debt collection letters and/or notices from the 

Defendant that violate specific provisions of the FDCPA. Plaintiff is 

complaining of a standard form letter and/or notice that is sent to hundreds of 

persons; 

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• There are questions of law and fact which are common to the Class and which 

predominate over questions affecting any individual Class member. These 

common questions of law and fact include, without limitation: 

a. Whether the defendant violated various provisions of the FDCPA 

including but not limited to: 15 U.S.C. §§1692c(c); 1692c(b)(2); 

1692g(b); 1692g(a)(1); 1692f(1); and 1692e(10).

b. Whether Plaintiff and the Class have been injured by the 

Defendant’s conduct; 

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c. Whether Plaintiff and the Class have sustained damages and are 

entitled to restitution as a result of Defendant’s wrongdoing and if 

so, what is the proper measure and appropriate statutory formula to 

be applied in determining such damages and restitution; and 

d. Whether Plaintiff and the Class are entitled to declaratory and/or 

injunctive relief.

• Plaintiff’s claims are typical of the Class, which all arise from the same 

operative facts and are based on the same legal theories. 

• Plaintiff has no interest adverse or antagonistic to the interest of the other 

members of the Class. 

• Plaintiff will fairly and adequately protect the interest of the Class and has

retained experienced and competent attorneys to represent the Class. 

• A Class Action is superior to other methods for the fair and efficient 

adjudication of the claims herein asserted. Plaintiff anticipates that no unusual 

difficulties are likely to be encountered in the management of this class action. 

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• A Class Action will permit large numbers of similarly situated persons to 

prosecute their common claims in a single forum simultaneously and without 

the duplication of effort and expense that numerous individual actions would 

engender. Class treatment will also permit the adjudication of relatively small 

claims by many Class members who could not otherwise afford to seek legal 

redress for the wrongs complained of herein. Absent a Class Action, class 

members will continue to suffer losses of statutory protected rights as well as 

monetary damages. If Defendant’s conduct allowed to proceed without 

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remedy they will continue to reap and retain the proceeds of their ill-gotten

gains. 

• Defendant has acted on grounds generally applicable to the entire Class,

thereby making appropriate final injunctive relief or corresponding 

declaratory relief with respect to the Class as a whole. 

STATEMENT OF FACTS

13. On or about November 28, 2007, Plaintiff entered into a retail installment contract 

with Capital One Auto Finance to purchase a Dodge pickup truck. 

14. On or before February 16, 2010, Plaintiff defaulted on said contract. 

15. On or about February 16, 2010, Capital One Auto Finance placed Plaintiff’s 

defaulted account with Defendant for the purpose of collection. 

16. On or about February 16, 2010, Defendant caused to be delivered to Plaintiff a 

collection letter addressed to Plaintiff in an attempt to collect the alleged debt. 

17. Said letter stated in part: “CURRENT BALANCE DUE: $27,353.67”. A copy of 

said letter is annexed hereto as Exhibit A. 

18. Upon receipt Plaintiff read said letter.

19. On March 15, 2010, Plaintiff, through the undersigned attorneys, notified 

Defendant in writing (via facsimile, Certified Mail, and Regular Mail), that he disputed the 

alleged debt and demanded verification. A copy of said letter is annexed hereto as Exhibit B. 

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20. In said letter of March 15, 2010, the undersigned attorneys, further instructed 

Defendant to, “immediately, Cease and Desist all collection efforts and communications with 

Mr. Rizzo.” Exhibit B. 

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21. On or about March 19, 2010, Defendant caused to be mailed directly to Plaintiff a 

letter attempting to collect the alleged debt. A copy of said letter is annexed hereto as Exhibit C. 

22. Upon receipt, Plaintiff read said letter. 

COUNT I 

FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. § 1692

VIOLATION OF 15 U.S.C. § 1692c(c)

23. Plaintiff repeats the allegations contained in paragraphs 1 through 22 as if the

same were set forth at length. 

24. Section 1692c(c) of the FDCPA states: 

If a consumer notifies a debt collector in writing that the 

consumer refuses to pay a debt or that the consumer wishes 

the debt collector to cease further communication with the 

consumer, the debt collector shall not communicate further 

with the consumer with respect to such debt... 

25. Defendant violated Section 1692c(c) of the FDCPA by mailing a second letter to

Plaintiff, in an attempt to collect the alleged debt, after receiving written communication to 

Cease and Desist all collection efforts and communications from Plaintiff’s attorneys. Exhibit B. 

26. By reason thereof, Plaintiff has sustained damages when Defendant sent a second 

letter to Plaintiff in an attempt to collect the alleged debt, after receiving written communication

to Cease and Desist all collection efforts and communication. 

27. By reason thereof, Defendant is liable to Plaintiff for declaratory judgment that 

Defendant’s conduct violated Section 1692c(c) of the FDCPA, actual damages, statutory 

damages, costs and attorneys’ fees. 

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COUNT II

FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. § 1692

VIOLATION OF 15 U.S.C. § 1692c(b)(2)

28. Plaintiff repeats the allegations contained in paragraphs 1 through 27 as if the

same were set forth at length.

29. Section 1692c(b)(2) of the FDCPA states: 

if the debt collector knows the consumer is represented by 

an attorney with respect to such debt and has knowledge 

of, or can readily ascertain, such attorney's name and 

address, unless the attorney fails to respond within a 

reasonable period of time to a communication from the

debt collector or unless the attorney consents to direct

communication with the consumer...

30. Defendant violated Section 1692c(b)(2) of the FDCPA by mailing a second letter 

to Plaintiff, in an attempt to collect the alleged debt, after receiving written communication to 

that Plaintiff has retained the undersigned attorneys. 

31. By reason thereof, Plaintiff has sustained damages when Defendant sent a second 

letter to Plaintiff in an attempt to collect the alleged debt, after receiving written communication

that Plaintiff has retained the undersigned attorneys. 

32. By reason thereof, Defendant is liable to Plaintiff for declaratory judgment that 

Defendant’s conduct violated Section 1692c(b)(2) of the FDCPA, actual damages, statutory

damages, costs and attorneys’ fees. 

COUNT III

FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. § 1692

VIOLATION OF 15 U.S.C. § 1692g(b)

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33. Plaintiff repeats the allegations contained in paragraphs 1 through 32 as if the

same were set forth at length. 

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34. Section 1692g(b) of the FDCPA states: 

If the consumer notifies the debt collector in writing within

the thirty-day period described in subsection (a) of this

section that the debt, or any portion thereof, is disputed, or 

that the consumer requests the name and address of the 

original creditor, the debt collector shall cease collection of

the debt, or any disputed portion thereof, until the debt 

collector obtains verification of the debt or a copy of a 

judgment, or the name and address of the original creditor, 

and a copy of such verification or judgment, or name and 

address of the original creditor, is mailed to the consumer 

by the debt collector. 

35. Defendant violated Section 1692g(b) of the FDCPA by sending a letter on about 

March 19,2010, in an attempt to collect the alleged debt after receiving notice that Plaintiff 

disputed said debt and notice of his demand for verification of said debt, prior to providing of

said debt to Plaintiff or his attorneys. Exhibit C. 

36. By reason thereof, Plaintiff has sustained damages when Defendant sent a letter in 

an attempt to collect the alleged debt to Plaintiff in an attempt to collect the alleged debt, after 

receiving Plaintiff’s written dispute and demand for verification and prior to providing 

verification to Plaintiff or his attorneys. 

37. By reason thereof, Defendant is liable to Plaintiff for declaratory judgment that 

Defendant’s conduct violated Section 1692b(b) of the FDCPA, actual damages, statutory

damages, costs and attorneys’ fees. 

COUNT IV 

FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. § 1692

VIOLATION OF 15 U.S.C. § 1692g(a)(1)

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38. Plaintiff repeats the allegations contained in paragraphs 1 through 37 as if the

same were set forth at length. 

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39. Section 1692g of the FDCPA requires the debt collector to give what is 

commonly referred to as a thirty-day (30) notice within five (5) days of its communication with 

the consumer. 

40. Section 1692g(a)(1) of the FDCPA requires the debt 

collector to: 

“Within five days after the initial communication with a 

consumer in connection with the collection of any debt... 

send the consumer a written notice containing --- the

amount of the debt.” 

41. Defendant violated Section 1692g(a)(1) of the FDCPA by stating in its initial 

letter to Plaintiff, dated February 16, 2010, “CURRENT BALANCE DUE: $27,353.67” when in 

fact the amount of the debt was only $27,005.34. Exhibits A&B. 

42. Plaintiff suffered damages when Defendant failed to state the amount of the debt 

in it initial communication with Plaintiff.

43. By reason thereof, Defendant is liable to Plaintiff for declaratory judgment that 

Defendant’s conduct violated Section 1692g et seq. of the FDCPA, actual damages, statutory 

damages, costs and attorneys’ fees. 

COUNT V 

FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. § 1692

VIOLATION OF 15 U.S.C. § 1692f(1)

44. Plaintiff repeats the allegations contained in paragraphs 1 through 43 as if the

same were set forth at length. 

45. Section 1692f(1)of the FDCPA sates in pertinent part: 

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A debt collector may not use unfair or 

unconscionable means to collect or attempt to

collect any debt. Without limiting the general 

application of the foregoing, the following conduct 

is a violation of this section: 

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(1) The collection of any amount (including any 

interest, fee, charge, or expense incidental to the 

principal obligation) unless such amount is 

expressly authorized by the agreement creating the 

debt or permitted by law.

46. Defendants violated §1692f(1) of the FDCPA by making a demand in its letter 

dated February 16, 2010 in the amount $27,353.67, when the amount of the alleged debt was 

only $27,005.34 as set forth in Defendant’s letter March 19, 2010, where the additional charge of 

$348.03 is not expressly authorized by the agreement creating the alleged debt and/or is not 

permitted by law. 

47. By reason thereof, Plaintiff has sustained damages when Defendants demanded

payment of an amount greater than the alleged debt, which is not expressly authorized by the 

agreement creating the alleged debt and/or is not permitted by law. 

48. By reason thereof, Defendant is liable to Plaintiff for declaratory judgment that 

Defendant’s conduct violated Section 1692f(1) of the FDCPA, actual damages, statutory 

damages, costs and attorneys’ fees. 

COUNT VI

FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. § 1692

VIOLATION OF 15 U.S.C. § 1692e(10)

49. Plaintiff repeats the allegations contained in paragraphs 1 through 48 as if the

same were here set forth at length. 

50. Section 1692e(10) prohibits the use of any false representation or deceptive 

means to collect or attempt to collect any debt. 

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51. Defendant violated Section 1692e(10) by falsely stated the amount of the alleged 

debt. 

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52. Plaintiff suffered damages when Defendant falsely stated the amount of the 

alleged debt in the initial communication. 

53. By reason thereof, Defendant is liable to Plaintiff for declaratory judgment that 

Defendant’s conduct violated Section 1692e(10) of the FDCPA, actual damages, statutory 

damages, costs and attorneys’fees. 

WHEREFORE, Plaintiff demands judgment against Defendant as follows: 

(a) Declaring that this action is properly maintainable as a Class Action and 

certifying Plaintiff as Class representative and, Joseph K. Jones, Esq., as Class Counsel; 

(b) Issuing a preliminary and/or permanent injunction restraining Defendant,

their employees, agents and successors from, inter alia, engaging in conduct and practices that

are in violation of the FDCPA; 

(c) Issuing a declaratory Order requiring Defendant to make corrective 

disclosures; 

(d) Awarding Plaintiff and the Class statutory damages; 

(e) Awarding Plaintiff costs of this Action, including reasonable attorney’s

fees and expenses; and 

(f) Awarding Plaintiff and the Class such other and further relief as this Court 

may deem just and proper. 

Dated: Fairfield, New Jersey 

 February 9, 2011 

 s/ Joseph K. Jones_______ 

 Joseph K. Jones (JJ5509) 

 Law Offices of Joseph K. Jones, LLC 

 375 Passaic Avenue, Suite 100 

 Fairfield, New Jersey 07004 

 (973) 227-5900 telephone 

 (973) 244-0019 facsimile 

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 jkj@legaljones.com

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DEMAND FOR TRIAL BY JURY

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff hereby requests a 

trial by jury on all issues so triable. 

 

s/ Joseph K. Jones_______ 

Joseph K. Jones 

CERTIFICATION PURSUANT TO LOCAL RULE 11.2

I, Joseph K. Jones, the undersigned attorney of record for Plaintiff, do hereby 

certify to my own knowledge and based upon information available to me at my office, that the

matter in controversy is not the subject of any other action now pending in any court or in any 

arbitration or administrative proceeding. 

 

Dated: February 9, 2011 

 s/ Joseph K. Jones_______ 

 Joseph K. Jones 

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