Case 1:13-cv-00454-JTC Document 1 Filed 05/02/13 Page 1 of 3
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Civil Action No. ___________
COMPLAINT AND DEMAND FOR JURY TRIAL
1. This is an action for actual and statutory damages brought in response to Defendant’s
violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (hereinafter
"FDCPA") which prohibits debt collectors from engaging in abusive, deceptive, and
II. JURISDICTION AND VENUE
2. Jurisdiction of this court arises under 15 U.S.C. §1692k(d), 28 U.S.C. § 1331, and 28
U.S.C. § 1337.
3. Venue is proper in this district under 28 U.S.C. §1391(b) in that the Defendant transacts
business here and the conduct complained of occurred here.
4. Plaintiff, Christopher Godson, is a natural person residing in the County of Erie and State
of New York and is a “consumer” as that term is defined by 15 U.S.C. §1692a(3).
5. Defendant, ARA, Inc., is a domestic business corporation organized and existing under
the laws of the State of Illinois and is a “debt collector” as that term is defined by 15
6. Defendant regularly attempts to collect debts alleged to be due another.
7. The acts of the Defendant alleged hereinafter were performed by its employees acting
within the scope of their actual or apparent authority.
Case 1:13-cv-00454-JTC Document 1 Filed 05/02/13 Page 2 of 3
8. All references to “Defendant” herein shall mean the Defendant or an employee of the
IV. FACTUAL ALLEGATIONS
9. That Plaintiff incurred a debt to Citifinancial. This debt will be referred to as “the subject
10. That the subject debt arose out of a transaction in which money, services or property,
which was the subject of the transaction, was primarily for personal, family and/or
household purposes. As such, said debt is a “debt” as that term is defined by 15 U.S.C.
11. That Plaintiff thereafter defaulted on the subject debt.
12. That upon information and belief Defendant was employed by Citifinancial to collect on
the subject debt.
13. That in or about November of 2012, Defendant began calling Plaintiff in an attempt to
collect on the subject debt. That in said messages Defendant fails to give the mini-
Miranda warning that a debt collector was calling in an attempt to collect a debt and fails
to identify Defendant’s name.
14. That Plaintiff mailed Defendant a cease and desist letter dated November 10, 2012, and
which was received and signed for by Defendant on November 19, 2012.
15. That Defendant again contacted Plaintiff on November 29, 2012, after receipt of the
cease and desist correspondence.
16. That as a result of Defendant’s acts Plaintiff became nervous, upset, anxious, and
suffered from emotional distress.
V. CAUSE OF ACTION
17. Plaintiff repeats, re-alleges and incorporates by reference the allegations contained in
paragraphs 1 through 16 above.
18. The conduct of Defendant as described in this complaint violated the Fair Debt
Collection Practices Act (15 U.S.C. §1692 et seq.) as follows:
A. Defendant violated 15 U.S.C. §16929(c) by contacting the Plaintiff after receipt of
cease and desist correspondence.
B. Defendant violated 15 U.S.C. §1692d(6) by not identifying the company’s name
when calling Plaintiff.
Case 1:13-cv-00454-JTC Document 1 Filed 05/02/13 Page 3 of 3
C. Defendant violated 15 U.S.C. §1692e and 15 U.S.C. §1692e(11) by failing to give
the mini-Miranda warning that a debt collector was calling in an attempt to collect
a debt in the multiple messages left for Plaintiff.
19. That as a result of the Defendant’s FDCPA violations as alleged herein, Plaintiff became
nervous, upset, anxious and suffered from emotional distress.
WHEREFORE, Plaintiff respectfully requests that judgment be entered against the Defendant
(a) Actual damages;
(b) Statutory damages for pursuant to 15 U.S.C. § 1692k.
(c) Costs, disbursements and reasonable attorney's fees pursuant to 15 U.S.C. § 1692k.
(d) For such other and further relief as may be just and proper.
VI. JURY DEMAND
Please take notice that Plaintiff demands trial by jury in this action.
Dated: April 30, 2013
/s/ Seth J. Andrews_____________
Seth J. Andrews, Esq.
Kenneth R. Hiller, Esq.
Law Offices of Kenneth Hiller, PLLC
Attorneys for the Plaintiff
6000 North Bailey Ave., Suite 1A
Amherst, NY 14226
Email: [email protected]