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UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

CHARNJIT SINGH,

Plaintiff,

vs. Case No.: 

AMERICAN CORADIUS 

INTERNATIONAL, LLC,

Defendant.

____________________________/

COMPLAINT

1. Plaintiff alleges a violation of the Fair Debt Collection Practices Act, 15 U.S.C. 

1692 et seq. (“FDCPA”).

JURISDICTION

2. Jurisdiction of this Court arises under 28 U.S.C. § 1331, 1337, 1367, and pursuant 

to 15 U.S.C. § 1692 et seq. (“FDCPA”). 

3. This action arises out of Defendant’s violation of the Fair Debt Collection 

Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”) and out of the invasion of Plaintiff’s personal 

and financial privacy by this Defendant and its agent in its illegal effort to collect a consumer 

debt from Plaintiff.

4. Venue is proper in this District because the act and transaction occurred here, 

Plaintiff resides here, and Defendant transacts business here.

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PARTIES

5. Plaintiff, CHARNJIT SINGH, is a natural person who resides in Union City, State 

of New Jersey, and is a “consumer” as that term is defined by 15 U.S.C. § 1692a(3).

6. Defendant, AMERICAN CORADIUS INTERNATIONAL, LLC, (“ACI”) is a 

collection agency operating from an address of 2420 Sweet Home Road, Suite 150, Amherst, 

New York 14226, and is a “debt collector” as that term is defined by 15 U.S.C. § 1692a(6).

7. Defendant ACI regularly uses the mail and telephone in a business the principal 

purpose of which is the collection of debts.

8. Defendant ACI regularly collects or attempts to collect debts for other parties.

9. Defendant ACI was acting as a debt collector with respect to the collection of 

Plaintiff’s alleged debt.

FACTUAL ALLEGATIONS

10. Plaintiff incurred a financial obligation that was primarily for personal, family or 

household purposes and is therefore a “debt” as that term is defined by 15 U.S.C. § 1692a(5).

11. Sometime thereafter, the debt was consigned, placed or otherwise transferred to 

Defendant for collection from this Plaintiff.

12. Defendant sought to collect from Plaintiff an alleged debt arising from 

transactions incurred for personal, family or household purposes.

13. The following third-party heard the message while at or visiting Plaintiff's 

residence on one or more occasions: Plaintiff's friend, Ramesh Jain.

14. Plaintiff did not authorize Defendant to communicate with the third-party.

15. No court authorized Defendant to communicate with the third-party.

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16. The third-party had no legitimate business need for the information communicated in 

the telephone messages.

17. Defendant knew or had reason to know that the third-party had no legitimate business 

need for the information communicated in the telephone messages.

18. The messages communicate information affecting Plaintiff's reputation.

19. Defendant knew or had reason to know that persons other than Plaintiff may hear its 

telephone messages left at Plaintiff's residence.

20. After the initial correspondence with Plaintiff, Defendant has failed to send a 

letter to Plaintiff notifying him of his rights and privileges under the law.

21. Defendant has failed to provide any documentation detailing the purchases, 

payments, interest, and late charges, if any, thereby making it impossible for Plaintiff to 

determine whether or not he owes the alleged debt and whether the alleged debt was correctly 

calculated.

COLLECTION CALL

22. In or about 2011, Defendant ACI’s collector contacted Plaintiff by telephone in an 

effort to collect this debt, which was a “communication” in an attempt to collect a debt as that 

term is defined by 15 U.S.C. § 1692a(2). 

23. During at least one of Defendant’s attempts to collect a debt from Plaintiff, 

Defendant or its agent left a voice mail message on Plaintiff’s answering machine identifying 

itself as a debt collector. 

24. Defendant repeatedly attempted to collect this debt with intent to harass Plaintiff.

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SUMMARY

25. The above-described collection communication made to Plaintiff by Defendant 

ACI, and a collection employee employed by Defendant ACI, was made in violation of multiple 

provisions of the FDCPA, including but not limited to 15 U.S.C. § 1692c.

26. The above-detailed conduct by this Defendant of harassing Plaintiff in its effort to 

collect this debt was a violation of numerous and multiple provisions of the FDCPA, including 

but not limited to all of the above mentioned provisions of the FDCPA, as well as invasions of 

Plaintiff’s privacy by intrusions upon seclusion and by revelation of private financial facts and 

resulted in actual damages to this Plaintiff.

27. Defendant’s disclosure of Plaintiff’s indebtedness to a third-party was an invasion 

of his privacy and his right to financial privacy.

28. Upon information and belief, Defendant sought to collect a debt from Plaintiff 

despite the fact that it had no knowledge of its validity.

29. Defendant’s actions in attempting to collect the alleged debt were harassing, and 

highly deceptive.

TRIAL BY JURY

30. Plaintiff is entitled to and hereby respectfully demands a trial by jury on all issues 

so triable. US Const. amend. 7. Fed.R.Civ.P. 38.

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CAUSES OF ACTION

COUNT 1

VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES ACT

15 U.S.C. § 1692 et seq.

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

as though fully stated herein.

32. The foregoing act and omission of the Defendant and its agent constitutes 

numerous and multiple violations of the FDCPA including, but not limited to, each and every 

one of the above-cited provisions of the FDCPA, 15 U.S.C. § 1692 et seq., with respect to this 

Plaintiff.

33. As a result of the Defendant’s violation of the FDCPA, Plaintiff is entitled to 

statutory damages in an amount up to $1,000.00 pursuant to 15 U.S.C. § 1692k(a)(2)(A); and, 

reasonable attorneys’ fees and costs pursuant to 15 U.S.C. § 1692k(a)(3), from the Defendant 

herein.

COUNT 2

INVASION OF PRIVACY BY INTRUSION UPON SECLUSION AND BY

REVELATION OF PRIVATE FINANCIAL FACTS TO A THIRD-PARTY

34. Plaintiff incorporates by reference all of the paragraphs of this Complaint as 

though fully stated herein.

35. Congress explicitly recognized a consumer’s inherent right to privacy in 

collection matters in passing the Fair Debt Collection Practices Act, when it stated as part of its 

findings:

Abusive debt collection practices contribute to the number of personal 

bankruptcies, to marital instability, to the loss of jobs, and to invasions of 

individual privacy. 15 U.S.C. § 1692(a) (emphasis added).

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36. Congress further recognized a consumer’s right to privacy in financial data in 

passing the Gramm Leech Bliley Act, which regulates the privacy of consumer financial data for 

a broad range of “financial institutions” including debt collectors albeit without a private right of 

action, when it stated as part of its purposes:

It is the policy of the Congress that each financial institution has an 

affirmative and continuing obligation to respect the privacy of its 

customers and to protect the security and confidentiality of those 

customers’ nonpublic personal information. 15 U.S.C. § 6801(a) 

(emphasis added).

37. Defendant and/or its agent intentionally and/or negligently interfered, physically 

or otherwise, with the solitude, seclusion and or private concerns or affairs of this Plaintiff, 

namely, by unlawfully attempting to collect a debt and thereby invaded the Plaintiff’s privacy.

38. Defendant also intentionally and/or negligently interfered, physically or 

otherwise, with the solitude, seclusion and or private concerns or affairs of the Plaintiff, namely, 

by unlawfully disclosing information about this debt to a third-party, and thereby invaded 

Plaintiffs’ right to financial privacy.

39. Defendant disclosed Plaintiff’s alleged indebtedness to Ramesh Jain, who is 

Plaintiff’s friend. Defendant knew or had reason to know that Ramesh Jain did not have a 

legitimate need for the information. 

40. The Plaintiff had a reasonable expectation of privacy in Plaintiff’s solitude, 

seclusion, private concerns or affairs, and private financial information.

41. The conduct of this Defendant and its agents, in engaging in the above-described 

illegal collection conduct against this Plaintiff, resulted in multiple intrusions and invasions of 

privacy by this Defendant which occurred in a way that would be highly offensive to a 

reasonable person in that position.

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COUNT 3

VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES ACT

15 U.S.C. § 1692g

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

as though fully stated herein.

43. Defendant violated §1692g of the FDCPA by failing to send written notification, 

within five (5) days after its initial communication with Plaintiff, advising Plaintiff of his rights 

to dispute the debt or request verification of the deft.

44. Defendant acted in an otherwise deceptive, unfair and unconscionable manner and 

failed to comply with the FDCPA.

WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in favor of 

Plaintiff and against Defendant for:

A) Damages and

B) Attorneys’ fees and costs

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays that judgment be entered against the Defendant.

Dated: March 21, 2011 Respectfully submitted,

/s Andrew I. Glenn________________________ 

Andrew I. Glenn

E-mail: AGlenn@cardandglenn.com

Florida Bar No.: 026491992

Card & Glenn, P.A.

35 Journal Square, Suite 403

Jersey City, New Jersey 07306

Telephone: (201) 254-5009

Facsimile: (201) 643-5959

Attorneys for Plaintiff

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