301597 v1 

LITE DEPALMA GREENBERG, LLC 

Mayra V. Tarantino 

Two Gateway Center, Suite 1201 

Newark, New Jersey 07102 

(973) 623-3000 

mtarantino@litedepalma.com

Attorneys for Defendant Miracle Financial, Inc. 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY 

 

RODOLFO HERNANDEZ, on behalf of himself 

and those similarly situated, 

 Plaintiffs, 

 vs. 

MIRACLE FINANCIAL, INC. and JOHN DOES 

1 TO 25, 

 Defendants. 

:

:

:

:

:

:

:

:

:

:

:

 Civil Action No: 11-4074(JLL)(MAH) 

MIRACLE FINANCIAL, INC.’S 

ANSWER AND AFFIRMATIVE 

DEFENSES TO FIRST AMENDED 

CLASS ACTION COMPLAINT AND 

JURY DEMAND

Defendant, Miracle Financial, Inc. (“Miracle Financial)”), by way of Answer to the First 

Amended Class Action Complaint and Jury Demand (“FAC”) of the Plaintiff, states as follows: 

NATURE OF THE ACTION1

1. Miracle Financial admits that Plaintiff brings this action on behalf of himself and others 

similarly situated. However, Miracle Financial denies that Plaintiff can meet the requirements 

for maintaining a class action pursuant to Fed. R. Civ. P. 23. Miracle Financial denies that it 

violated § 1692 et seq. of Title 15 of the United States Code, the Fair Debt Collection Practices 

Act (“FDCPA”). Miracle denies that Plaintiff is entitled to any damages. Plaintiff cannot obtain 

 1

 Miracle Financial denies that it violated the Fair Debt Collections Practices Act, 15 

U.S.C. § 1692 et seq. The captions from the FAC do not contain any allegations, but are 

included herein for ease of reference. 

Case 2:11-cv-04074-JLL-MAH Document 29 Filed 01/23/12 Page 1 of 12 PageID: 280
2 301597 v1 

declaratory or injunctive relief since the Court by Opinion and Order dated December 13, 2011 

denied, with prejudice, Plaintiff’s request for equitable relief (ECF Nos. 23 & 24). 

JURISDICTION AND VENUE

2. Miracle Financial admits the allegations in Paragraph 2 of the FAC. 

3. Miracle Financial admits the allegations in Paragraph 3 of the FAC. 

PARTIES

4. Miracle Financial is without knowledge or information sufficient to form a belief as to 

the truth of the allegations contained in Paragraph 4 of the FAC. 

5. Miracle Financial admits the allegations in Paragraph 5 of the FAC. 

6. Miracle Financial is without knowledge or information sufficient to form a belief as to 

the truth of the allegations contained in Paragraph 6 of the FAC. 

7. The allegations in Paragraph 7 of the FAC are vague and ambiguous; thus, Miracle 

Financial denies the allegations in Paragraph 7 of the FAC, except that Miracle Financial admits 

that its principal purpose is the collection of debts and that it uses the U.S. mail and telephone. 

8. The allegations in Paragraph 8 of the FAC are vague and ambiguous; thus, Miracle 

Financial denies the allegations in Paragraph 8 of the FAC, except that Miracle Financial admits 

that it is a debt collection services company. 

9. The allegations in Paragraph 9 of the FAC are vague and ambiguous; thus, Miracle 

Financial denies the allegations in Paragraph 9 of the FAC, except that Miracle Financial admits 

that it is a debt collection services company. 

10. The allegations in Paragraph 10 of the FAC are vague and ambiguous; thus, Miracle 

Financial denies the allegations in Paragraph 10 of the FAC, except that Miracle Financial 

admits that it is a debt collection services company. 

Case 2:11-cv-04074-JLL-MAH Document 29 Filed 01/23/12 Page 2 of 12 PageID: 281
3 301597 v1 

11. The allegations in Paragraph 11 of the FAC are vague and ambiguous; thus, Miracle 

Financial denies the allegations in Paragraph 11 of the FAC, except that Miracle Financial 

admits that it is a debt collection services company and that it uses the U.S. mail and telephone. 

12. The allegations in Paragraph 12 of the FAC are vague and ambiguous; thus, Miracle 

Financial denies the allegations in Paragraph 12 of the FAC, except that Miracle Financial 

admits that it is a debt collection services company and that it uses the U.S. mail and telephone. 

13. The allegations in Paragraph 13 of the FAC are vague and ambiguous; thus, Miracle 

Financial denies the allegations in Paragraph 13 of the FAC, except that Miracle Financial 

admits that its principal business is the collection of debts. 

14. Miracle Financial admits that it is a debt collector within the meaning of 15 U.S.C. § 

1692a(6), but is without knowledge or information sufficient to form a belief as to the truth of 

the remaining allegations contained in Paragraph 14 of the FAC. 

15. Miracle Financial is without knowledge or information sufficient to form a belief as to 

the truth of the allegations contained in Paragraph 15 of the FAC. 

16. Miracle Financial is without knowledge or information sufficient to form a belief as to 

the truth of the allegations contained in Paragraph 16 of the FAC. 

17. Miracle Financial is without knowledge or information sufficient to form a belief as to 

the truth of the allegations contained in Paragraph 17 of the FAC. 

18. Miracle Financial is without knowledge or information sufficient to form a belief as to 

the truth of the allegations contained in Paragraph 18 of the FAC. 

19. Miracle Financial admits that, attached as Exhibit A to the FAC, is a copy of a letter from 

Miracle Financial to Rodolfo Hernandez, dated June 10, 2010 in redacted form. 

20. Miracle Financial admits the allegations contained in Paragraph 20 of the FAC. 

21. Miracle Financial admits the allegations contained in Paragraph 21 of the FAC. 

Case 2:11-cv-04074-JLL-MAH Document 29 Filed 01/23/12 Page 3 of 12 PageID: 282
4 301597 v1 

22. Miracle Financial admits the allegations contained in Paragraph 22 of the FAC. 

23. Miracle Financial admits that the June 10, 2010 letter attached as Exhibit A to the FAC, 

reflects the Total Amount Due as $5700.22. 

24. Miracle Financial admits that the June 10, 2010 letter attached as Exhibit A to the FAC, 

reflects the Total Amount Due as $5700.22. 

25. Miracle Financial admits that the June 10, 2010 letter attached as Exhibit A to the FAC, 

reflects the Principal Balance as $4830.70. 

26. Miracle Financial admits that the June 10, 2010 letter attached as Exhibit A to the FAC, 

included “VZW Collection Fees” in the amount of $869.52, which were calculated by Verizon 

Wireless. Miracle Financial admits that $869.52 is 18% of $4,830.70 rounding down to the 

nearest penny. Miracle Financial denies the remaining allegations contained in Paragraph 26 of 

the FAC. 

27. Miracle Financial denies the allegations contained in Paragraph 27 of the FAC. 

28. Miracle Financial denies the allegations contained in Paragraph 28 of the FAC. 

29. Miracle Financial denies the allegations contained in Paragraph 29 of the FAC. 

30. Miracle Financial denies the allegations contained in Paragraph 30 of the FAC. 

31. Miracle Financial admits that, attached as Exhibit B to the FAC, is a copy of a letter from 

Chase Receivables to Rodolfo Hernandez, dated March 18, 2011. However, Miracle Financial is 

without knowledge or information sufficient to form a belief as to the truth of the allegations 

contained in Paragraph 31 of the FAC. 

32. Miracle Financial is without knowledge or information sufficient to form a belief as to 

the truth of the allegations contained in Paragraph 32 of the FAC. 

Case 2:11-cv-04074-JLL-MAH Document 29 Filed 01/23/12 Page 4 of 12 PageID: 283
5 301597 v1 

33. Miracle Financial is without knowledge or information sufficient to form a belief as to 

the truth of the allegations contained in Paragraph 33 of the FAC. 

34. Miracle Financial admits that, attached as Exhibit C to the FAC, is a copy of a document 

entitled “Chase Receivables” dated April 21, 2011. However, Miracle Financial is without 

knowledge or information sufficient to form a belief as to the truth of the allegations contained in 

Paragraph 34 of the FAC. 

35. Miracle Financial is without knowledge or information sufficient to form a belief as to 

the truth of the allegations contained in Paragraph 35 of the FAC. 

36. Miracle Financial denies the allegations contained in Paragraph 36 of the FAC. 

37. Miracle Financial denies the allegations contained in Paragraph 37 of the FAC. 

38. Miracle Financial denies the allegations contained in Paragraph 38 of the FAC. 

39. Miracle Financial denies the allegations contained in Paragraph 39 of the FAC. 

40. Miracle Financial denies the allegations contained in Paragraph 40 of the FAC. 

41. Miracle Financial denies the allegations contained in Paragraph 41 of the FAC. 

CLASS ACTION ALLEGATIONS

42. Miracle Financial admits that Plaintiff brings this action as a class action, but denies that 

it can proceed as a class action pursuant to Fed. R. Civ. P. 23. Further, R. 4:32 of the New Jersey 

Court Rules is inapplicable since the Federal Rules of Civil Procedure govern over this matter. 

43. Miracle Financial admits that Plaintiff seeks to recover damages, attorney’s fees and 

costs on behalf of all class members under the Fair Debt Collection Practices Act, but denies that 

Plaintiff is entitled to recover any damages, attorney’s fees or costs on behalf of all class 

members under the Fair Debt Collection Practices Act. Further, Miracle Financial denies that 

Plaintiff can meet the requirements for maintaining a class action pursuant to Fed. R. Civ. P. 23. 

Case 2:11-cv-04074-JLL-MAH Document 29 Filed 01/23/12 Page 5 of 12 PageID: 284
6 301597 v1 

44. Miracle Financial denies the allegations in Paragraph 44 of the FAC. Further, Miracle 

Financial denies that Plaintiff can meet the requirements for maintaining a class action pursuant 

to Fed. R. Civ. P. 23. 

45. Miracle Financial denies the allegations in Paragraph 45 of the FAC. Further, Miracle 

Financial denies that Plaintiff can meet the requirements for maintaining a class action pursuant 

to Fed. R. Civ. P. 23. 

46. Miracle Financial denies the allegations in Paragraph 46 of the FAC. Further, Miracle 

Financial denies that Plaintiff can meet the requirements for maintaining a class action pursuant 

to Fed. R. Civ. P. 23. 

47. Miracle Financial denies the allegations in Paragraph 47 of the FAC. Further, Miracle 

Financial denies that Plaintiff can meet the requirements for maintaining a class action pursuant 

to Fed. R. Civ. P. 23. 

48. Miracle Financial denies the allegations in Paragraph 48 of the FAC. Further, Miracle 

Financial denies that Plaintiff can meet the requirements for maintaining a class action pursuant 

to Fed. R. Civ. P. 23. 

49. Miracle Financial denies the allegations in Paragraph 49 of the FAC. Further, Miracle 

Financial denies that Plaintiff can meet the requirements for maintaining a class action pursuant 

to Fed. R. Civ. P. 23. 

50. Miracle Financial denies the allegations in Paragraph 50 of the FAC. Further, Miracle 

Financial denies that Plaintiff can meet the requirements for maintaining a class action pursuant 

to Fed. R. Civ. P. 23. 

51. Miracle Financial denies the allegations in Paragraph 51 of the FAC. Further, Miracle 

Financial denies that Plaintiff can meet the requirements for maintaining a class action pursuant 

to Fed. R. Civ. P. 23. 

Case 2:11-cv-04074-JLL-MAH Document 29 Filed 01/23/12 Page 6 of 12 PageID: 285
7 301597 v1 

52. Miracle Financial denies the allegations in Paragraph 52 of the FAC. Further, Miracle 

Financial denies that Plaintiff can meet the requirements for maintaining a class action pursuant 

to Fed. R. Civ. P. 23. 

53. Miracle Financial denies the allegations in Paragraph 53 of the FAC. Further, Miracle 

Financial denies that Plaintiff can meet the requirements for maintaining a class action pursuant 

to Fed. R. Civ. P. 23. Further, Plaintiff cannot obtain declaratory or injunctive relief since the 

Court by Opinion and Order dated December 13, 2011 denied, with prejudice, Plaintiff’s request 

for equitable relief (ECF Nos. 23 & 24). 

54. Plaintiff makes no allegations in Paragraph 54 of the FAC. To the extent that he has, 

Miracle Financial denies the allegations in Paragraph 54 of the FAC, and further denies that 

Plaintiff can meet the requirements for maintaining a class action pursuant to Fed. R. Civ. P. 23. 

FIRST CLASS COUNT

Fair Debt Collection Practices Act Violations 

55. Miracle Financial restates and incorporates by reference its responses to the allegations 

contained in Paragraph 1-54 of the FAC. 

56. Miracle Financial denies the allegations in Paragraph 56 of the FAC. 

57. Miracle Financial denies the allegations in Paragraph 57 of the FAC. 

58. Miracle Financial denies the allegations in Paragraph 58 of the FAC. Further, by Opinion 

and Order dated December 13, 2011, the Court dismissed Plaintiff’s claims under 15 U.S.C. § 

1692f without prejudice and with leave to amend within 30 days (ECF Nos. 23 & 24). Plaintiff 

has not amended the FAC; thus, Plaintiff’s claims under 15 U.S.C.§ 1692f are deemed to be 

dismissed with prejudice. 

59. Miracle Financial denies the allegations in Paragraph 59 of the FAC. Further, by Opinion 

and Order dated December 13, 2011, the Court dismissed Plaintiff’s claims under 15 U.S.C.§ 

Case 2:11-cv-04074-JLL-MAH Document 29 Filed 01/23/12 Page 7 of 12 PageID: 286
8 301597 v1 

1692f without prejudice and with leave to amend within 30 days (ECF Nos. 23 & 24). Plaintiff 

has not amended the FAC; thus, Plaintiff’s claims under 15 U.S.C.§ 1692f are deemed to be 

dismissed with prejudice. 

60. Miracle Financial denies the allegations in Paragraph 60 of the FAC. 

61. Miracle Financial denies the allegations in Paragraph 61 of the FAC. 

62. Miracle Financial denies the allegations in Paragraph 62 of the FAC. Further, by Opinion 

and Order dated December 13, 2011, the Court dismissed Plaintiff’s claims under 15 U.S.C.§ 

1692f without prejudice and with leave to amend within 30 days (ECF Nos. 23 & 24). Plaintiff 

has not amended the FAC; thus, Plaintiff’s claims under 15 U.S.C.§ 1692f are deemed to be 

dismissed with prejudice. 

63. Miracle Financial denies the allegations in Paragraph 63 of the FAC. Further, by Opinion 

and Order dated December 13, 2011, the Court dismissed Plaintiff’s claims under 15 U.S.C.§ 

1692f without prejudice and with leave to amend within 30 days (ECF Nos. 23 & 24). Plaintiff 

has not amended the FAC; thus, Plaintiff’s claims under 15 U.S.C.§ 1692f(1) are deemed to be 

dismissed with prejudice. 

 64. Miracle Financial denies the allegations in Paragraph 64 of the FAC. 

AFFIRMATIVE DEFENSES

 Miracle Financial hereby asserts the following affirmative defenses to the FAC. 

However, Plaintiff’s claims are generalized and conclusory and Miracle Financial cannot fully 

anticipate all the affirmative defenses that may be asserted in the within action. Accordingly, 

Miracle Financial reserves the right to interpose such other and further defenses as continuing 

investigation and discovery may reveal. 

Case 2:11-cv-04074-JLL-MAH Document 29 Filed 01/23/12 Page 8 of 12 PageID: 287
9 301597 v1 

FIRST AFFIRMATIVE DEFENSE

 Plaintiff’s FAC fails to state a claim upon which relief can be granted. 

SECOND AFFIRMATIVE DEFENSE

 Plaintiff’s claims are barred by the applicable statute of limitations. 

THIRD AFFIRMATIVE DEFENSE

 The actions of Miracle Financial were in all respects proper, and in accordance with 

applicable law, including, but not limited to, the FDCPA. 

 FOURTH AFFIRMATIVE DEFENSE

 Miracle Financial’s June 10, 2010 letter attached as Exhibit A to the FAC complied with 

the requirements of 15 U.S.C. § 1692g, including listing separately the Principal Balance due and 

the VZW Collection Fees, which was calculated and added by Verizon Wireless prior to sending 

the account to Miracle Financial for collections. Miracle Financial did not calculate or add a 

collection fee. 

FIFTH AFFIRMATIVE DEFENSE

 Plaintiff’s claims are barred by the doctrine of waiver. 

SIXTH AFFIRMATIVE DEFENSE

Plaintiff’s claims are barred by the doctrine of estoppel. 

SEVENTH AFFIRMATIVE DEFENSE

 Plaintiff’s action herein is barred in whole or in part by the doctrine of unclean hands.

EIGHTH AFFIRMATIVE DEFENSE

 Plaintiff’s claims are barred by the doctrine of laches. 

Case 2:11-cv-04074-JLL-MAH Document 29 Filed 01/23/12 Page 9 of 12 PageID: 288
10 301597 v1 

NINTH AFFIRMATIVE DEFENSE

 Plaintiff has not sustained any actionable damages. 

TENTH AFFIRMATIVE DEFENSE

 Without actionable damages, Plaintiff lacks standing to bring this case on behalf of 

himself and the putative class. 

ELEVENTH AFFIRMATIVE DEFENSE

To the extent Plaintiff can show that he suffered any financial detriment or other harm, 

Miracle Financial was not the proximate cause. 

TWELFTH AFFIRMATIVE DEFENSE

 Any damages allegedly suffered by Plaintiff were caused by the acts or omissions of 

third parties over whom Miracle Financial has no control. 

WHEREFORE, Miracle Financial respectfully requests that this Court deny Plaintiff’s 

requested relief,2 dismiss the FAC in its entirety with prejudice, and award Miracle Financial 

attorneys’ fees and costs, and such other relief as the Court deems just, proper and equitable. 

Dated: January 20, 2012 LITE DEPALMA GREENBERG, LLC 

 

 By: s/Mayra V. Tarantino

 Mayra V. Tarantino 

Two Gateway Center, Suite 1201 

Newark, New Jersey 07102 

(973) 623-3000 

mtarantino@litedepalma.com

 Attorneys for Defendant Miracle Financial, Inc. 

 2

 Plaintiff’s request for declaratory or injunctive relief has already been denied with 

prejudice by Opinion and Order of the Court, dated December 13, 2011 (ECF Nos. 23 & 24). 

Case 2:11-cv-04074-JLL-MAH Document 29 Filed 01/23/12 Page 10 of 12 PageID: 289
11 301597 v1 

LOCAL CIVIL RULE 11.2 CERTIFICATION

 Pursuant to Local Civil Rule 11.2, the undersigned hereby certifies that the matter in 

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

arbitration or administrative proceeding. 

 I hereby certify that the foregoing statements made by me are true. I am aware that if any 

of the foregoing statements made by me are willfully false, I am subject to punishment. 

Dated: January 20, 2012 LITE DEPALMA GREENBERG, LLC 

 

 By: s/Mayra V. Tarantino

 Mayra V. Tarantino 

 Two Gateway Center, Suite 1201 

 Newark, NJ 07102 

 (973) 623-3000 

mtarantino@litedepalma.com

Attorneys for Defendant Miracle Financial, Inc.

Case 2:11-cv-04074-JLL-MAH Document 29 Filed 01/23/12 Page 11 of 12 PageID: 290
301597 v1 

CERTIFICATE OF SERVICE

 I, Mayra V. Tarantino, hereby certify that, on this day, a true and correct copy of the 

foregoing MIRACLE FINANCIAL, INC.’S ANSWER AND AFFIRMATIVE DEFENSES 

TO FIRST AMENDED CLASS ACTION COMPLAINT AND JURY DEMAND was 

served on counsel for Plaintiff via the Court’s ECF System and by email. 

 I hereby certify that the foregoing statements made by me are true. I am aware that if any 

of the foregoing statements made by me are willfully false, I am subject to punishment. 

Dated: January 20, 2012 s/Mayra V. Tarantino

 Mayra V. Tarantino 

Case 2:11-cv-04074-JLL-MAH Document 29 Filed 01/23/12 Page 12 of 12 PageID: 291