ILND 44 (Rev. 07/10/17 Case: 1:18-cv-04144 Document #: 1-2 Filed: 06/14/18 Page 1 of 2 PageID #:8 CIVIL COVER SHEET The ILND 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (See instructions on next page of this form. I. (a PLAINTIFFS DEFENDANTS Rocio Tena Transworld Systems, Inc. (b County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (Except in U.S. plaintiff cases (In U.S. plaintiff cases only (c Attorneys (firm name, address, and telephone number Attorneys (if known Suburban Legal Group, PC 1305 Remington Road, Suite C Schaumburg, IL 60173 II. BASIS OF JURISDICTION (Check one box, only. Note: In land condemnation cases, use the location of the tract of land involved. III. CITIZENSHIP OF PRINCIPAL PARTIES (For Diversity Cases Only. (Check one box, only for plaintiff and one box for defendant. 1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government not a party Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business in This State 2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate citizenship of parties in Item III. of Business in Another State Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country IV. NATURE OF SUIT (Check one box, only. CONTRACT TORTS PRISONER PETITIONS LABOR OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 510 Motions to Vacate Sentence 710 Fair Labor Standards Act 375 False Claims Act 120 Marine 310 Airplane 365 Personal Injury - Habeas Corpus: 720 Labor/Management Relations 376 Qui Tam (31 USC 3729 (a 130 Miller Act 315 Airplane Product Product Liability 530 General 740 Railway Labor Act 400 State Reapportionment 140 Negotiable Instrument Liability 367 Health Care/ 535 Death Penalty 751 Family and Medical 410 Antitrust 150 Recovery of Overpayment 320 Assault, Libel & Slander Pharmaceutical 540 Mandamus & Other Leave Act 430 Banks and Banking & Enforcement of Judgment 330 Federal Employers Personal Injury 550 Civil Rights 790 Other Labor Litigation 450 Commerce 151 Medicare Act Liability Product Liability 555 Prison Condition 791 Employee Retirement 460 Deportation 152 Recovery of Defaulted Student 340 Marine 368 Asbestos Personal Injury 560 Civil Detainee Conditions Income Security Act 470 Racketeer Influenced and Loans (Excludes Veterans 345 Marine Product Liability Product Liability of Confinement Corrupt Organizations 153 Recovery of Veteran s Benefits 350 Motor Vehicle 480 Consumer Credit 160 Stockholders Suits 355 Motor Vehicle PERSONAL PROPERTY PROPERTY RIGHTS 490 Cable/Sat TV 190 Other Contract Product Liability 370 Other Fraud 820 Copyrights 850 Securities/Commodities/ 195 Contract Product Liability 360 Other Personal Injury 371 Truth in Lending 830 Patent Exchange 196 Franchise 362 Personal Injury - 380 Other Personal 835 Patent Abbreviated 890 Other Statutory Actions Medical Malpractice Property Damage New Drug Application 891 Agricultural Acts 385 Property Damage 840 Trademark 893 Environmental Matters Product Liability 895 Freedom of Information Act 896 Arbitration REAL PROPERTY CIVIL RIGHTS BANKRUPTCY FORFEITURE/PENALTY SOCIAL SECURITY 899 Administrative Procedure 210 Land Condemnation 440 Other Civil Rights 422 Appeal 28 USC 158 625 Drug Related Seizure 861 HIA (1395ff Act/Review or Appeal of 220 Foreclosure 441 Voting 423 Withdrawal 28 USC 157 of Property 21 USC 881 862 Black Lung (923 Agency Decision 230 Rent Lease & Ejectment 442 Employment 690 Other 863 DIWC/DIWW (405(g 950 Constitutionality of 240 Torts to Land 443 Housing/ 864 SSID Title XVI State Statutes 245 Tort Product Liability Accommodations IMMIGRATION 865 RSI (405(g 290 All Other Real Property 445 Amer. w/disabilities - 462 Naturalization Application Employment 463 Habeas Corpus - Alien Detainee 446 Amer. w/disabilities - FEDERAL TAXES (Prisoner Petition Other 465 Other Immigrant 870 Taxes (U.S. Plaintiff 448 Education Actions or Defendant 871 IRS Third Party 26 USC 7609 V. ORIGIN (Check one box, only. 1 Original Proceeding 2 Removed from State Court 3 Remanded from Appellate Court VI. CAUSE OF ACTION (Enter U.S. Civil Statute under which you are filing and write a brief statement of cause. 15 U.S.C. Section 1692 VIII. REQUESTED IN Check if this is a class action under Rule COMPLAINT: 23, F.R.CV.P. IX. RELATED CASE(S (See instructions IF ANY Judge 5 Transferred from 6 Multidistrict 8 Multidistrict Another District Litigation Litigation (specify Direct File VII. Previous Bankruptcy Matters (For nature of suit 422 and 423, enter the case number and judge for any associated bankruptcy matter previously adjudicated by a judge of this Court. Use a separate attachment if necessary. 4 Reinstated or Reopened DEMAND $ 15,000 Case Number X. Is this a previously dismissed or remanded case? Yes No If yes, Case # Name of Judge Date Signature of attorney of record 6/14/2018 John P. Carlin Check Yes only if demanded in complaint. JURY DEMAND: Yes No
Case: 1:18-cv-04144 Document #: 1-2 Filed: 06/14/18 Page 2 of 2 PageID #:9 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority for Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a Plaintiffs-Defendants. Enter names (last, first, middle initial of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved. (c Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment". II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a, F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1 Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2 When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3 This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4 This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases. III. Residence (citizenship of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerk(s in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an "X" in one of the six boxes. Original Proceedings. (1 Cases which originate in the United States district courts. Removed from State Court. (2 Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3 Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4 Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5 For cases transferred under Title 28 U.S.C. Section 1404(a. Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6 Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5 above. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Previous Bankruptcy Matters For nature of suit 422 and 423 enter the case number and judge for any associated bankruptcy matter previously adjudicated by a judge of this court. Use a separate attachment if necessary. VIII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. IX. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. X. Refiling Information. Place an "X" in the Yes box if the case is being refiled or if it is a remanded case, and indicate the case number and name of judge. If this case is not being refiled or has not been remanded, place an "X" in the No box. Date and Attorney Signature. Date and sign the civil cover sheet. Rev. 1 04/13/16
Case: 1:18-cv-04144 Document #: 1 Filed: 06/14/18 Page 1 of 4 PageID #:1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IN RE: Rocio Tena Case No. Plaintiff COMPLAINT v. July Demand Requested Transworld Systems, Inc. 500 Virginia Drive, Suite 514 Ft. Washington, PA 19034 Defendant Now comes Plaintiff, by and through her attorneys, and, for her Complaint alleges as follows: INTRODUCTION 1. Plaintiff, Rocio Tena, brings this action to secure redress from unlawful collection practices engaged in by Defendant, Account Control Technology, Inc. (hereinafter ACT. Plaintiff alleges violation of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692 et seq. ( FDCPA. 2. The Seventh Circuit Court of Appeals stated in Millver v. McCalla, Raymer, Padrick, Cobb, Nichols & Carlk, LLC., 214 F.3d 872, 875 (7 th Cir. 2000, that the FDCPA requires a debt collector to state the amount of the debt that they are trying to collect. 3. The Court in Miller spelled out safe harbor language for collecting debts that are accuring interest or other fees after the date of the initial dunning letter. Id. 4. Following Miller, the Seventh Circuit Court of Appeals stated in Chuway v. Nat. Action Services, 362 F. 3d 944 (7 th Cir. 2004, stated that if a Debt Collector is trying to collect the listed balance plus the interest running on it or other charges, he should use the safe harbor language of Miller: As of the date of this letter, you owe $ [the exact amount due]. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment
Case: 1:18-cv-04144 Document #: 1 Filed: 06/14/18 Page 2 of 4 PageID #:2 may be necessary after we receive your check, in which event we will inform you before depositing the check for collection For further information, write the undersigned or call 1-800-[phone number]. Id. 5. Said case stated [T]o satisfy Section 1692g(a, the debt collector s notice must state the required information clearly enough that the receipient is likely to understand it. Id. 6. If an initial dunning letter fails to disclose the required information clearly, it violates the FDCPA, without further proof of confusion. Id. JURISDICTION AND VENUE 7. This court has jurisdiction pursuant to 28 U.S.C. Section 1331, 1337, 1367; and 15 U.S.C. section 1692(d. 8. Venue is proper because a substantial part of the events giving rise to this claim occurred in this District. PARTIES 9. Plaintiff, Rocio Tena (hereinafter Plaintiff incurred an obligation to pay money, the primary purpose of which was for personal, family, or household uses (the Debt. 10. Plaintiff is a resident of the State of Illinois 11. Defendant, Transworld Systems, Inc. ( Defendant, is a Pennsylvania business entity with an address of 500 Virginia Drive, Suite 514, Ft. Washington, PA 19034 operating as a collection agency, and is a debt collector as the term is defined by 15 U.S.C. Section 1692a(6. 12. Unless otherwise stated herein, the term Defendant shall refer to Transworld Systems, Inc. 13. At some point, the original creditor, transferred this debt to Defendant for debt collection. 14. The type of debt being collected upon was for a student loan.
Case: 1:18-cv-04144 Document #: 1 Filed: 06/14/18 Page 3 of 4 PageID #:3 ALLEGATIONS 15. The Plaintiff allegedly incurred a financial obligation (the Debt to an original creditor (the Creditor for student loans 16. The Debt was purchased, assigned or transferred to Defendant for collection, or Defendant was employed by the Creditor to collect to Debt. 17. The Defendant attempted to collect the Debt and, as such, engaged in communications as defined in 15 U.S.C. Section 1692a(2. 18. On or about June 6, 2018, Plaintiff received an initial demand letter from Demand. See Exhibit A. 19. Said letter stated that the balance was $13,579.13. See Exhibit A. 20. Said letter provided a breakdown of this balance and it was based entirely of principle with the creditor. See Exhibit A. 21. The letter states, immediately after revealing what is due, [C]ollection costs are charged in accordance with Federal Regulation 34 CFR 682.410(b(2. See Exhibit A. 22. As previously stated in paragraph 20 and 21, the entire balance that Defendant appears to be seeking at this point is $13,579.13. 23. However, the statement in paragraph 22, by Defendant, combined with a reading of the text of said regulation is that Defendant is currently seeking an additional amount of money in collection costs, including: collection agency charges. 24. It is more puzzling to Plaintiff that said letter states [T]he account balance will be periodically increased due to the addition of interest, as permitted by applicable law. See Exhibit A. 25. The Plaintiff is unclear as to whether the amount being sought by Defendant is the Principal of $13,579.13 or something more as suggested by Defendant in the statement it used in paragraph 22 of this Complaint. VIOLATIONS OF THE FDCPA-15 U.S.C. SECTION 1692, et seq. 26. The Plaintiff incorporates by reference all of the above paragraphs of this Complaint as though fully stated herein.
Case: 1:18-cv-04144 Document #: 1 Filed: 06/14/18 Page 4 of 4 PageID #:4 27. The Defendant s conduct violated 15 U.S.C. Section 1692g by failing to make clear the amount Plaintiff owes the Defendant. STANDING AND INJURY 28. Plaintiff has suffered an injury in fact that is traceable to Defendant's conduct and that is likely to be redressed by a favorable decision in this matter. 29. Specifically, Plaintiff suffered a concrete informational injury as a result of Defendant's failure to provide truthful information in connection with its attempt to collect an alleged debt from Plaintiff. 30. The Plaintiff has suffered and continues to suffer actual damages as a result of the Defendant s unlawful conduct. 31. As a direct consequence of the Defendant s acts, practices and conduct, the Plaintiff suffered and continues to suffer from humiliation, anger, anxiety, and frustration. 32. Plaintiff demands a trial by jury. JURY DEMAND PRAYER FOR RELIEF 33. Plaintiff demands the following relief: WHEREFORE, the Court should enter Judgment in favor of Plaintiff and against Defendant for: (1 Statutory damages; (2 Attorney fees, litigation expenses and costs of suit; and (3 Such other and further relief as the Court deems proper. Respectfully submitted, /s/ John Carlin John P. Carlin #6277222 Suburban Legal Group, P.C. 1305 Remington Rd., Ste. C Schaumburg, IL 60173 jcarlin@suburbanlegalgroup.com Attorney for Plaintiff