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Page 1 Case 1:05-cv-10183-PBS Document1 Filed 01/27/2005 Page 1 of 6
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
05°10183 PBS
)
WENDI McCUSKER ) RECHIVED
) Clerk's Office
Plaintiff, ) USDC, Mass.
) Civil Action No. Date _awlos
Vv. ) By 2.
) Deputy Clerk
ASSOCIATED CREDIT AND )
COLLECTION BUREAU, INC. and )
PAT MILLS RECEIPT #
J AMOUNT $ WO.
SUMMONS ISSUED__&
Defendants. LOCAL RULE 4.1. =
WAIVER FORM =
MCF ISSUED =
BY DPTY. CLK. ~P
COMPLAINT AND JURY DEMAND page yaa
MAGISTRATE JUDGE UR
INTRODUCTION
1. This is a Fair Debt Collection Practices Act (“FDCPA”) case. In violation of the
FDCPA, the defendants engaged in harassing, oppressive, false, and misleading conduct
towards the plaintiff Wendi McCusker (““Ms. McCusker”) while attempting to collect a
consumer debt. Ms. McCusker brings this action for damages and declaratory relief
against the debt collector and its individual employee collector.
PARTIES
2. Plaintiff Wendi McCusker is an individual consumer and active duty member of
the United States Military residing at Hanscom Air Force Base in Bedford,
Massachusetts.
3, Defendant Associated Credit and Collection Bureau, Inc. (“Associated”) is a
corporation organized under the laws of the State of Florida with a principal place ofPage 2 business at 975 Eyster Blvd., Rockledge, Florida 32956, Associated is engaged in trade
or commerce and is engaged in business which has as its principal purpose the collection
of debts. It regularly attempts to collect debts due to or originated by others and uses the
mail and telephones to collect debts. Associated is a debt collector as defined by 15
U.S.C. § 1692a(6).
4. On information and belief, Defendant Pat Mills (“Ms. Mills”) is an individual
collector employed by Associated with a business address at 975 Eyster Blvd.,
Rockledge, Florida 32956. On information and belief, Ms. Mills regularly attempts to
collect debts due to or originated by others and uses the mail and telephones to collect
debts, and is a debt collector as defined by 15 U.S.C. § 1692a(6).
JURISDICTION AND VENUE
5. This Court has jurisdiction over the subject matter of this case pursuant to 15
U.S.C. § 1692k and 28 U.S.C. § 1337. Declaratory relief is available pursuant te 28
U.S.C. §§ 2201 and 2202.
6. Venue is this District is proper as Ms. McCusker resides in this District and the
events giving rise to this action occurred here.
FACTUAL ALLEGATIONS
7. The defendant Ms. Mills, an individual employee collector of Associated, called
Ms. McCusker at her place of employment, Hanscom Air Force Base, repeatedly during
2004 in an attempt to collect a debt incurred by Ms. McCusker for personal, family, or
household purposes.
8. On several occasions during these conversations, Ms. McCusker told Ms. Mills
that the she was not allowed to receive these disruptive, personal calls at work.Page 3 Case 1:05-cv-10183-PBS Document1 Filed 01/27/2005 Page 3of6
9, Ms. Mills continued to call Ms. McCusker frequently at work. Ms. Mills called
Ms. McCusker more that two times within a 30 day period at a place other than Ms,
McCusker’s residence.
10. On information and belief, Associated knew or had reason to know that such calls
were prohibited by Ms. McCusker’s employer.
11. In July 2004, Ms. Mills called Ms. McCusker at her place of employment and told
her that if she did not pay the debt she would call Ms. McCusker’s commanding officer
and tell him,
12. Ms. McCusker told Ms. Mills that she could not pay the debt because she had just
gone through a divorce and had barely enough money to support herself and her child.
13. Ms. Mills told Ms. McCusker that she would not be able to be promoted in the
military if Ms. Mills called her commanding officer about the debt.
14. This threat was false, misleading, harassing, and extortionate.
15. Ms. McCusker suffered emotional distress and other damages as a result of the
defendants’ unlawful debt collection.
CLAIMS FOR RELIEF
Count I
Violation of the Fair Debt Collection Practices Act
(False, Deceptive, or Misleading Representations)
16. Plaintiff incorporates the foregoing paragraphs.Page 4 Case 1:05-cv-10183-PBS Document1 Filed 01/27/2005 Page 4of6
17. When Ms. Mills told Ms. McCusker that she was going to contact Ms.
McCusker’s commanding officer if Ms. McCusker did not pay the debt, the defendants
violated 15 U.S.C. § 1692e. The statement was false, deceptive, or misleading in the
following ways:
a. In violation of 15 U.S.C. §§ 1692e(5), 1692e(10), Ms. Mills threatened
action that could not legally be taken or that she did not intend to take
when she threatened to contact Ms. McCusker’s commanding officer (as
she was prohibited from contacting third parties about the debt by 15
U.S.C. § 1692c and other laws and regulations).
18. The defendants violated 15 U.S.C. § 1692e(10) when Ms. Mills told Ms.
McCusker that she would not be able to be promoted in the military if Ms. Mills
contacted Ms. McCusker’s commanding officer. This representation was false,
misleading, and/or deceptive.
19. The defendants’ violations of 15 U.S.C. § 1692e caused Ms. McCusker to suffer
damages.
Count II
Violation of the Fair Debt Collection Practices Act
(Harassment and Abuse / Communications with Unreasonable Frequency)
20. Plaintiff incorporates the foregoing paragraphs,
21. Ms. Mills’s threat to contact Ms. McCusker’s commanding officer, get her in
trouble at her job, and prevent her promotion in the military was an action the natural
consequence of which was to harass, oppress, or abuse Ms. McCusker as prohibited by
15 U.S.C. § 16924.Page 5 Case 1:05-cv-10183-PBS Document1 Filed 01/27/2005 Page 5of6
22. The defendants’ violations of 15 U.S.C. §§ 1692d caused Ms. McCusker to suffer
damages.
Count II
Violation of the Fair Debt Collection Practices Act
(Unlawful Contacts with Ms. McCusker at Work)
23. Plaintiff incorporates the foregoing paragraphs.
24, In violation of 15 U.S.C. § 1692c(a)(3), the defendants communicated with Ms.
McCusker at work despite knowing or having reason to know that such contacts were
prohibited by the Ms. McCusker’s employer.
25. The defendants’ violations of 15 U.S.C. § 1692c(a)(3) caused Ms. McCusker to
suffer damages.
WHEREFORE, the plaintiff, Wendi McCusker, respectfully requests that this
Court enter judgment against the defendants, Associated Credit and Collection Bureau,
Inc. and Pat Mills, jointly and severally, for the following:
A. Declaratory judgment that the defendants’ conduct violated the Fair Debt
Collection Practice Act;
Actual damages;
Statutory damages pursuant to 15 U.S.C. § 1692k.
Costs and reasonable attorney’s fees pursuant to 15 U.S.C. § 1692k.
mu f
For such other and further relief that the Court deems just.
THE PLAINTIFF DEMANDS A JURY TRIAL ON ALL COUNTSPage 6 Case 1:05-cv-10183-PBS Document 1 Filed 01/27/2005 Page 6of6
Respectfully submitted, this i day of January, 2004.
Nicholas F. Ortiz, BHO# 655135
52 Western Avenue
Cambridge, MA 02139
(617) 492-2227Page 7 To: 617-748-98% Case 1:05-cv-Fi@sSBicABSs F. HeH~ument 1-2 —_ Filed RB1/A77AVEPS-O Hee PH CSF 1
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
Title of case (name of first party on each side only)_ Wendi McCusker v. Associated Credit and Collection Bureau, Inc.
2 Category In which the cate belongs based upon the numbered nature of sult cade listed on the civil caver sheet. (See
local rule 40, 1(a)(1)).
() I 160, 410, 470, R.23, REGARDLESS OF NATURE OF SuIT.
li. 195, 368, 400, 440, 444-444, 540, 550, 555, 625, 710, 720, 730, *Alao complete AO 120 or AO 121
740, 780, 794, 820*, BS0*, 840°, 850, $80, 892-894, 585, 850. for patent, trademark or copyright cases
LU I. 110, 120, 130, 140, 151, 190, 210, 230, 240, 245, 290, 310,
3416, 920, 330, 340, 345, 350, 356, 360, 362, 366, 370, 374,
480, 385, 450, 884.
[| IV. 220, 422, 423, 430, 460, 540, 430, B10, 620, 630, 640, 650, 660,
5 - . | 870, $71, 875, 300, 0 5 cr ] 0 | Q 8 DRS
3. Title and number, if any, of related cases, (See local rule 40.1(g)). If more than one prior related case has been filed in
thie district please Indicate the title and number of the firet filed case In this court,
4, Has apricr action between the game parties and based on the same claim ever Deen filed in this court?
ves [] no
5, Does the complaint In thia case question the constitutionallty of an act of congress affecting the public Interest? (See
28 USC §2403)
YES CI] NO
ves CI NO [|
If 30, is the U.S.A. or an officer, agent or employes of the U.S, a party?
6. Is thle case required ta be heard and determined by a dietrict court of three Judges pursuant to ttle 28 USC §22847
vs CL] wo WI
7. Do ali of the parties In this action, excluding governmental agencies of the united etates and the Commonwealth of
Maseachusetts (“governmental agencies"), residing In Maseachusetts reside In the same diviglan? - (Sea Local Rule
40.4{d)).
YES NO |
A If yes, In which division do_all of the non-governmental parties racide?
Eaetern Olvision Central Divieion CO Weetern Division C)
B. If ne, in which division do the majority of the plaintiffs or the only parties, excluding governmental
agencies, residing In Massachusetts reside?
Eastern Division T] Central Division rl Western Division I
8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? (If
yes, submit 4 separate ehaat Identifying the motlons)
YES CJ NO
(PLEASE TYPE OR PRINT)
ATTORNEY's Name Nicholas F. Ortiz
ADDRESS 52 Western Avenue, Cambridge, MA 02139
TELEPHONE No. 617-492-2227
(Coversheetiocal.wrd = 104702)Page 8 CIVIL COVER SHEET
Ac le
Se rFouK
(c} Attomey’s {Firm Name, Address, and Telephone Number)
ace hor supplement the filing and service of pleadings er other
he United States in September 1974, is required for the use of t
papers as required by law, except as provided
e Clerk of Ceurt for the purpose of mitiating
FuED
DEFENDANTS AQT jp /HCO. BRAGAD PRC Hoo4 a0
SPecine BoARn OF ApseadMert
MD 5 ¢
County of Residence of First Listed veteeddn JAK i 3 | ‘ (2 #1
(IN LS. PLAINTIFF CASES ONLY}
NOTE: INLAND CONDEMNATION. A SBS, O9E/ SHB: PRONE THE
LAND INVOLVED. 5 | S TRICT T QF M
ms ~ 5 A ancl ye
Altorneys (If Known)
II. BASIS OF JURISDICTION
(Place an “X™ in One Box Only)
1. J Qin
(For Diversit
PARTIES Wax an “X” in One Box for Plaintiff
and One Box for Defendant)
VY. ORIGIN {Place an *X” in One Box Only) Transferred fi ap al to District
ransferred from udge from
OW Original 2 Removed from 3 Remanded from 4 Reingstated or O05 another district 6 Multidistrict o7 Magistrate
Proceeding State Court Appellate Court Reopened (specify) Litigation. Judgment
VI. CAUSE OF ACTION
VII. REQUESTED IN
Brief deur iptiap
3,5,
2
ETT h
(J CHECK IF THIS IS A CLASS ACTION
Cite the i. S.Civil (ree we which you are filing (Do not cite jurisdictional statutes unless diversity):
a
POR Review UNDER Seeton 3Ce yest) or Waicwway Lager Ay,
DEMAND § CHECK YES only 1f demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: — Yes C1No
VI. RELATED CASE(S) (See instructions) | y / ’ BS
IF ANY bh, TUDGE — oporagee °.db, See g DOCKETNUMBER 3 - | A4BS
DATE ye Pf AIA S| ry GRE GF ATTORNEY @F RECORD
RO i 3: yt ¥
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
APPLYING IFP
JUDGE MAG. JUDGE
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case 1:05-cv-10183-PBS Document1 Filed 01/27/2005 Page 1 of 6
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
05°10183 PBS
)
WENDI McCUSKER ) RECHIVED
) Clerk's Office
Plaintiff, ) USDC, Mass.
) Civil Action No. Date _awlos
Vv. ) By 2.
) Deputy Clerk
ASSOCIATED CREDIT AND )
COLLECTION BUREAU, INC. and )
PAT MILLS RECEIPT #
J AMOUNT $ WO.
SUMMONS ISSUED__&
Defendants. LOCAL RULE 4.1. =
WAIVER FORM =
MCF ISSUED =
BY DPTY. CLK. ~P
COMPLAINT AND JURY DEMAND page yaa
MAGISTRATE JUDGE UR
INTRODUCTION
1. This is a Fair Debt Collection Practices Act (“FDCPA”) case. In violation of the
FDCPA, the defendants engaged in harassing, oppressive, false, and misleading conduct
towards the plaintiff Wendi McCusker (““Ms. McCusker”) while attempting to collect a
consumer debt. Ms. McCusker brings this action for damages and declaratory relief
against the debt collector and its individual employee collector.
PARTIES
2. Plaintiff Wendi McCusker is an individual consumer and active duty member of
the United States Military residing at Hanscom Air Force Base in Bedford,
Massachusetts.
3, Defendant Associated Credit and Collection Bureau, Inc. (“Associated”) is a
corporation organized under the laws of the State of Florida with a principal place of
PDF Page 3
Case 1:05-cv-10183-PBS Document 1 Filed 01/27/2005 Page 2 of 6
business at 975 Eyster Blvd., Rockledge, Florida 32956, Associated is engaged in trade
or commerce and is engaged in business which has as its principal purpose the collection
of debts. It regularly attempts to collect debts due to or originated by others and uses the
mail and telephones to collect debts. Associated is a debt collector as defined by 15
U.S.C. § 1692a(6).
4. On information and belief, Defendant Pat Mills (“Ms. Mills”) is an individual
collector employed by Associated with a business address at 975 Eyster Blvd.,
Rockledge, Florida 32956. On information and belief, Ms. Mills regularly attempts to
collect debts due to or originated by others and uses the mail and telephones to collect
debts, and is a debt collector as defined by 15 U.S.C. § 1692a(6).
JURISDICTION AND VENUE
5. This Court has jurisdiction over the subject matter of this case pursuant to 15
U.S.C. § 1692k and 28 U.S.C. § 1337. Declaratory relief is available pursuant te 28
U.S.C. §§ 2201 and 2202.
6. Venue is this District is proper as Ms. McCusker resides in this District and the
events giving rise to this action occurred here.
FACTUAL ALLEGATIONS
7. The defendant Ms. Mills, an individual employee collector of Associated, called
Ms. McCusker at her place of employment, Hanscom Air Force Base, repeatedly during
2004 in an attempt to collect a debt incurred by Ms. McCusker for personal, family, or
household purposes.
8. On several occasions during these conversations, Ms. McCusker told Ms. Mills
that the she was not allowed to receive these disruptive, personal calls at work.
PDF Page 4
Case 1:05-cv-10183-PBS Document1 Filed 01/27/2005 Page 3of6
9, Ms. Mills continued to call Ms. McCusker frequently at work. Ms. Mills called
Ms. McCusker more that two times within a 30 day period at a place other than Ms,
McCusker’s residence.
10. On information and belief, Associated knew or had reason to know that such calls
were prohibited by Ms. McCusker’s employer.
11. In July 2004, Ms. Mills called Ms. McCusker at her place of employment and told
her that if she did not pay the debt she would call Ms. McCusker’s commanding officer
and tell him,
12. Ms. McCusker told Ms. Mills that she could not pay the debt because she had just
gone through a divorce and had barely enough money to support herself and her child.
13. Ms. Mills told Ms. McCusker that she would not be able to be promoted in the
military if Ms. Mills called her commanding officer about the debt.
14. This threat was false, misleading, harassing, and extortionate.
15. Ms. McCusker suffered emotional distress and other damages as a result of the
defendants’ unlawful debt collection.
CLAIMS FOR RELIEF
Count I
Violation of the Fair Debt Collection Practices Act
(False, Deceptive, or Misleading Representations)
16. Plaintiff incorporates the foregoing paragraphs.
PDF Page 5
Case 1:05-cv-10183-PBS Document1 Filed 01/27/2005 Page 4of6
17. When Ms. Mills told Ms. McCusker that she was going to contact Ms.
McCusker’s commanding officer if Ms. McCusker did not pay the debt, the defendants
violated 15 U.S.C. § 1692e. The statement was false, deceptive, or misleading in the
following ways:
a. In violation of 15 U.S.C. §§ 1692e(5), 1692e(10), Ms. Mills threatened
action that could not legally be taken or that she did not intend to take
when she threatened to contact Ms. McCusker’s commanding officer (as
she was prohibited from contacting third parties about the debt by 15
U.S.C. § 1692c and other laws and regulations).
18. The defendants violated 15 U.S.C. § 1692e(10) when Ms. Mills told Ms.
McCusker that she would not be able to be promoted in the military if Ms. Mills
contacted Ms. McCusker’s commanding officer. This representation was false,
misleading, and/or deceptive.
19. The defendants’ violations of 15 U.S.C. § 1692e caused Ms. McCusker to suffer
damages.
Count II
Violation of the Fair Debt Collection Practices Act
(Harassment and Abuse / Communications with Unreasonable Frequency)
20. Plaintiff incorporates the foregoing paragraphs,
21. Ms. Mills’s threat to contact Ms. McCusker’s commanding officer, get her in
trouble at her job, and prevent her promotion in the military was an action the natural
consequence of which was to harass, oppress, or abuse Ms. McCusker as prohibited by
15 U.S.C. § 16924.
PDF Page 6
Case 1:05-cv-10183-PBS Document1 Filed 01/27/2005 Page 5of6
22. The defendants’ violations of 15 U.S.C. §§ 1692d caused Ms. McCusker to suffer
damages.
Count II
Violation of the Fair Debt Collection Practices Act
(Unlawful Contacts with Ms. McCusker at Work)
23. Plaintiff incorporates the foregoing paragraphs.
24, In violation of 15 U.S.C. § 1692c(a)(3), the defendants communicated with Ms.
McCusker at work despite knowing or having reason to know that such contacts were
prohibited by the Ms. McCusker’s employer.
25. The defendants’ violations of 15 U.S.C. § 1692c(a)(3) caused Ms. McCusker to
suffer damages.
WHEREFORE, the plaintiff, Wendi McCusker, respectfully requests that this
Court enter judgment against the defendants, Associated Credit and Collection Bureau,
Inc. and Pat Mills, jointly and severally, for the following:
A. Declaratory judgment that the defendants’ conduct violated the Fair Debt
Collection Practice Act;
Actual damages;
Statutory damages pursuant to 15 U.S.C. § 1692k.
Costs and reasonable attorney’s fees pursuant to 15 U.S.C. § 1692k.
mu f
For such other and further relief that the Court deems just.
THE PLAINTIFF DEMANDS A JURY TRIAL ON ALL COUNTS
PDF Page 7
Case 1:05-cv-10183-PBS Document 1 Filed 01/27/2005 Page 6of6
Respectfully submitted, this i day of January, 2004.
Nicholas F. Ortiz, BHO# 655135
52 Western Avenue
Cambridge, MA 02139
(617) 492-2227
PDF Page 8
To: 617-748-98% Case 1:05-cv-Fi@sSBicABSs F. HeH~ument 1-2 —_ Filed RB1/A77AVEPS-O Hee PH CSF 1
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
Title of case (name of first party on each side only)_ Wendi McCusker v. Associated Credit and Collection Bureau, Inc.
2 Category In which the cate belongs based upon the numbered nature of sult cade listed on the civil caver sheet. (See
local rule 40, 1(a)(1)).
() I 160, 410, 470, R.23, REGARDLESS OF NATURE OF SuIT.
li. 195, 368, 400, 440, 444-444, 540, 550, 555, 625, 710, 720, 730, *Alao complete AO 120 or AO 121
740, 780, 794, 820*, BS0*, 840°, 850, $80, 892-894, 585, 850. for patent, trademark or copyright cases
LU I. 110, 120, 130, 140, 151, 190, 210, 230, 240, 245, 290, 310,
3416, 920, 330, 340, 345, 350, 356, 360, 362, 366, 370, 374,
480, 385, 450, 884.
[| IV. 220, 422, 423, 430, 460, 540, 430, B10, 620, 630, 640, 650, 660,
5 - . | 870, $71, 875, 300, 0 5 cr ] 0 | Q 8 DRS
3. Title and number, if any, of related cases, (See local rule 40.1(g)). If more than one prior related case has been filed in
thie district please Indicate the title and number of the firet filed case In this court,
4, Has apricr action between the game parties and based on the same claim ever Deen filed in this court?
ves [] no
5, Does the complaint In thia case question the constitutionallty of an act of congress affecting the public Interest? (See
28 USC §2403)
YES CI] NO
ves CI NO [|
If 30, is the U.S.A. or an officer, agent or employes of the U.S, a party?
6. Is thle case required ta be heard and determined by a dietrict court of three Judges pursuant to ttle 28 USC §22847
vs CL] wo WI
7. Do ali of the parties In this action, excluding governmental agencies of the united etates and the Commonwealth of
Maseachusetts (“governmental agencies"), residing In Maseachusetts reside In the same diviglan? - (Sea Local Rule
40.4{d)).
YES NO |
A If yes, In which division do_all of the non-governmental parties racide?
Eaetern Olvision Central Divieion CO Weetern Division C)
B. If ne, in which division do the majority of the plaintiffs or the only parties, excluding governmental
agencies, residing In Massachusetts reside?
Eastern Division T] Central Division rl Western Division I
8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? (If
yes, submit 4 separate ehaat Identifying the motlons)
YES CJ NO
(PLEASE TYPE OR PRINT)
ATTORNEY's Name Nicholas F. Ortiz
ADDRESS 52 Western Avenue, Cambridge, MA 02139
TELEPHONE No. 617-492-2227
(Coversheetiocal.wrd = 104702)
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