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UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

NASRA ELGAWLY,

Plaintiff,

vs. Case No.: 

VALENTINE & KEBARTAS,

INC.,

Defendant.

__________________________/

COMPLAINT

1. Plaintiff alleges violations 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, and pursuant to 15

U.S.C. § 1692 et seq. (“FDCPA”).

3. This action arises out of Defendant’s violations of the FDCPA, and out of the 

invasions of Plaintiff’s personal and financial privacy by this Defendant and its agents in its

illegal effort to collect a consumer debt from Plaintiff.

4. Venue is proper in this District because the acts and transactions occurred here, 

Plaintiff resides here, and Defendant transacts business here.

PARTIES

5. Plaintiff, Nasra Elgawly, is a natural person who resides in the City of Bayonne, 

County of Hudson, State of New Jersey, and is a “consumer” as that term is defined by 15 U.S.C. 

§ 1692a(3).

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6. Defendant Valentine & Kebartas, Inc., (hereinafter “Defendant Valentine”) is a 

collection agency operating from an address of 15 Union Street, Lawrence, MA 01840, and is a 

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

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

principal purpose of which is the collection of debts.

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

parties.

9. Defendant Valentine is a “debt collector” as defined in the FDCPA.

10. Defendant Valentine was acting as a debt collector with respect to the collection 

of Plaintiff’s alleged debt. 

FACTUAL ALLEGATIONS

11. 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).

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

Defendant for collection from this Plaintiff.

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

transactions incurred for personal, family or household purposes.

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

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

15. 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.

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COLLECTION CALLS

16. In or about June, 2011, Defendant Valentine’s collectors 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). 

17. During this June, 2011 call, Defendant left a voice mail on Plaintiff’s answering 

machine, and failed to identify himself as a debt collector. 

SUMMARY

18. All of the above-described collection communications made to Plaintiff by 

Defendant Valentine, and collection employees employed by Defendant Valentine, were made in 

violation of numerous and multiple provisions of the FDCPA, including but not limited to 15 

U.S.C. § 1692(d)6, and 1692e(11).

19. During its collection communications, Defendant and the individual debt 

collectors employed by Defendant Valentine failed to provide Plaintiff with the notice required 

by 15 U.S.C. § 1692(d) 6, and 1692e(11), amongst others.

20. The above-detailed conduct by this Defendant of harassing Plaintiff in an effort to 

collect this debt were violations of numerous and multiple provisions of the FDCPA, including 

but not limited to all of the above mentioned provisions of the FDCPA.

TRIAL BY JURY

21. 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

VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT

15 U.S.C. § 1692 et seq.

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

as though fully stated herein.

23. The foregoing acts and omissions of the Defendant and its agents constitute 

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.

24. As a result of the Defendant’s violations 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

FAILURE TO DISCLOSE STATUS AS A DEBT COLLECTOR

25. Defendant failed to disclose in the telephone messages that it is a debt collector in 

violation of 15 U.S.C. 1692e(11).

COUNT 3

FAILURE TO MAKE MEANINGFUL DISCLOSURE OF IDENTITY

26. Defendant placed telephone calls to Plaintiff without making meaningful 

disclosures of its identity when it failed to disclose that they were debt collectors, and the 

purpose of Defendant’s communications in the telephone messages in violation of 15 U.S.C. 

1692d(6).

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COUNT 4

VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES ACT

15 U.S.C. § 1692g

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

as though fully stated herein.

28. 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 her rights 

to dispute the debt or request verification of the deft.

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

failed to comply with the FDCPA.

COUNT 5

VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES ACT

15 U.S.C. § 1692f

 30. Upon information and belief, Defendant has attempted to collect a debt in which 

the amount sought was not expressly authorized by the agreement creating the debt or permitted 

by law.

COUNT 6

VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES ACT

15 U.S.C. § 1692e

 31. Defendant has falsely represented the amount of debt allegedly due.

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.

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PRAYER FOR RELIEF

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

Dated: July 5, 2011 Respectfully submitted,

/s Andrew I. Glenn________________ 

Andrew I. Glenn

E-mail: AGlenn@cardandglenn.com

Florida Bar No.: 026491992

Card & Glenn, P.A.

660 Newark Avenue, Floor 3

Jersey City, New Jersey 07306

Telephone: (201) 254-5009

Facsimile: (201) 643-5959

Attorneys for Plaintiff

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