UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY

RAY V. CAPRIO, on behalf of himself and all 

others similarly situated, 

 Plaintiff(s), 

-againstCivil Case Number: _____________ 

CIVIL ACTION

CLASS ACTION COMPLAINT

AND 

DEMAND FOR JURY TRIAL 

PAUL MICHAEL ASSOCIATES; and JOHN 

DOES 1-25, 

 Defendant(s). 

Plaintiff, RAY V. CAPRIO, on behalf of himself and all others similarly situated 

(hereinafter “Plaintiff”) by and through his undersigned attorney, alleges against the abovenamed Defendants, PAUL MICHAEL ASSOCIATES, (hereinafter “PMA”) and JOHN DOES 1-

25, collectively (hereinafter “Defendants”) their employees, agents, and successors the 

following: 

PRELIMINARY STATEMENT

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

arising from the Defendants’ violation of 15 U.S.C. § 1692 et seq., the Fair Debt Collection

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. PMA is a foreign business with its office located at 186-09 Union Turnpike,

Flushing, New York 11366. 

8. Upon information and belief, PMA is primarily in the business of acquiring 

and/or collecting debts that are allegedly due to another. 

9. PMA has attempted to collect a debt allegedly owed by Plaintiff to Mt. Sinai 

Center for Clinical Laboratories. 

10. PMA regularly used the United States Postage Service in its attempts to collect

debts due to others. 

11. PMA is a “Debt Collector” as that term is defined by 15 U.S.C. §1692a(6). 

12. 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. 

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CLASS ACTION ALLEGATIONS

13. Plaintiff brings this action as a state wide class action, pursuant to Rule 23 of the 

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

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

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

this Complaint. 

14. 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 Defendants that contained at least one of the alleged violations arising 

from the Defendants’ violation of 15 U.S.C. § 1692 et seq. 

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

15. 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 

Defendants 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: 

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a. Whether the defendants violated various provisions of the FDCPA 

including but not limited to: Section §§ 1692g(a)(1); 1692f(1); 

1692e(2); and 1692e(10); 

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

Defendants’ conduct; 

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

entitled to restitution as a result of Defendants’ 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 

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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 Defendants’ conduct is allowed to proceed without 

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

gains. 

• Defendants have 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

16. On or before September 17, 2010, Plaintiff’s account with Mt. Sinai Center for 

Clinical Laboratories became past due and was in default. 

17. Plaintiff’s account with Mt. Sinai Center for Clinical Laboratories was used solely 

for personal use. 

18. On or before September 17, 2010, Mt. Sinai Center for Clinical Laboratories 

placed Plaintiff’s account with PMA for the purpose of collection. 

19. On or before September 17, 2010, PMA caused to be mailed to Plaintiff a letter 

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

20. Said letter stated, “BALANCE DUE: $776.00.” 

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21. Said letter stated in part, “Please be advised that this office represents the above 

creditor who has turned over your account in the amount indicated above for collection. This 

amount is outstanding and past due.”

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22. Upon receipt Plaintiff read said letter. 

23. On May 19, 2011, Plaintiff through his undersigned attorney, disputed the alleged 

debt and requested verification. A copy of said request is annexed hereto as Exhibit B. 

24. On or about June 7, 2011, PMA supplied via facsimile, verification of the alleged 

debt. A copy of said verification is annexed hereto as Exhibit C. 

25. Said verification states, “Balance Due: $476.00.”

COUNT I

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

VIOLATION OF 15 U.S.C. § 1692g(a)(5)

26. Plaintiff repeats the allegations contained in paragraphs 1 through 25 as if the

same were here set forth at length. 

27. Collection letters and/or notices such as those sent by Defendants are to be 

evaluated by the objective standard of the hypothetical “least sophisticated consumer.” 

28. Section 1692g et al 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 initial communication

with the consumer. 

29. 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.”

30. PMA letter to Plaintiff, dated September 17, 2010 stated the amount of the alleged 

debt as $776.00. 

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31. PMA violated Section 1692g(a)(1) of the FDCPA by failing to state the true

amount of the debt. 

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32. By reason thereof, Defendants are liable to Plaintiff for declaratory judgment that

Defendants’ conduct violated Section 1692g(a)(1) of the FDCPA, statutory damages, costs and

attorneys’ fees. 

COUNT II

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

VIOLATION OF 15 U.S.C. § 1692f(1)

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

same were set forth at length. 

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

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: 

(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.

35. PMA violated §1692f(1) of the FDCPA by making a demand for payment in the 

amount of $776.00, when the actual and true amount due was only $476.00, and when no such 

additional charges are expressly authorized by the agreement creating the alleged debt and/or is

not permitted by law. 

36. By reason thereof, Plaintiff has sustained damages when PMA demanded

payment of an amount greater than the principal obligation, which is not expressly authorized by

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

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37. By reason thereof, Defendants are liable to Plaintiff for declaratory judgment that 

Defendants’ conduct violated Section 1692f(1) of the FDCPA, statutory damages, costs and 

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attorneys’ fees. 

COUNT III

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

VIOLATION OF 15 U.S.C. § 1692e(2)

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

same were here set forth at length. 

39. Section 1692e(2) of the FDCPA prohibits the debt collector from falsely 

representing the amount of the alleged debt. 

40. PMA violated Section 1692e(2) of the FDCPA by falsely representing in it’s letter 

to Plaintiff dated September 17, 2010, the amount of the alleged debt as $776.00, when in fact 

the amount of the alleged debt is only $476.00. 

41. By reason thereof, Plaintiff has sustained damages when PMA falsely 

representing in it letter to Plaintiff dated September 17, 2010, the amount of the alleged debt as 

$776.00, when in fact the amount of the alleged dent is only $476.00. 

42. By reason thereof, Defendants are liable to Plaintiff for declaratory judgment in that 

Defendants’ conduct violated Section 1692e(2) of the FDCPA, statutory damages, costs and 

attorneys’ fees. 

COUNT IV

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

VIOLATION OF 15 U.S.C. § 1692e(10)

43. Plaintiff repeats the allegations contained in paragraphs 1 through 42 as if the

same were here set forth at length. 

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44. Section 1692e(10) of the FDCPA prohibits the use of any false representation or 

deceptive means to collect or attempt to collect any debt. 

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45. PMA violated Section 1692e(10) of the FDCPA by falsely representing in it letter 

to Plaintiff dated September 17, 2010, the amount of the alleged debt as $776.00, when in fact 

the amount of the alleged dent is only $476.00. 

46. By reason thereof, Defendants are liable to Plaintiff for declaratory judgment that

Defendants’ conduct violated Section 1692e(10) of the FDCPA, statutory damages, costs and

attorneys’ fees. 

WHEREFORE, Plaintiff demands judgment against Defendants 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 Defendants,

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 Defendants to make corrective

disclosures; 

(d) Awarding Plaintiff and the Class statutory damages; 

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

fees and costs; and 

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

may deem just and proper. 

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Dated: Fairfield, New Jersey 

 June 8, 2010 

 s/ Joseph K. Jones_______________ 

 Joseph K. Jones, Esq. (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 

 jkj@legaljones.com

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, Esq. 

 

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, 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: June 8, 2011 

 s/ Joseph K. Jones_______________ 

 Joseph K. Jones, Esq. 

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