CASE 0:12-cv-01311-DWF-FLN Document 1 Filed 05/31/12 Page 1 of 13

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Lynda Yant, Plaintiff, v. Stellar Recovery, Inc. and The Bureaus, Inc., Defendants. INTRODUCTION 1. This is an action for damages brought by Lynda Yant against Stellar

COMPLAINT AND DEMAND FOR A JURY TRIAL

Recovery Inc. and The Bureaus, Inc., for their repeated violations of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. (FDCPA), Telephone Consumer Protection Act, 47 U.S.C. 227 et seq. (TCPA) and invasions of privacy. JURISDICTION 2. Jurisdiction of this Court arises under 15 U.S.C. 1692k(d), 28 U.S.C.

1331 and 1337, and supplemental jurisdiction exists for the state law claim pursuant to 28 U.S.C. 1367. 3. Venue in this District is proper because the relevant acts and transactions

occurred here, Plaintiff resides here, and Defendants transact business here. PARTIES 4. Plaintiff, Lynda Yant, is a natural person who resides in the City of Saint

Anthony, County of Hennepin, State of Minnesota. She is a consumer or a person

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affected by a violation of the FDCPA, as those terms are defined by 15 U.S.C. 1692a(3) and 1692k. 5. Defendant Stellar Recovery, Inc., is a Florida corporation engaged in the

business of collecting debts in Minnesota (Defendant SRI). Defendant Stellar Recoverys principal place of business is located at 1327 Highway 2 West, Kalispell, Montana. Defendant is a debt collector as that term is defined under 15 U.S.C. 1692(a)(6). 6. Defendant The Bureaus, Inc., is an Illinois corporation engaged in the

business of collecting debts in Minnesota. Defendant Bureaus principal place of business is located at 1717 Central Street, Evanston, Illinois. Defendant Bureaus is a debt collector as that term is defined under 15 U.S.C. 1692(a)(6). FACTS The Alleged Debt 7. On or around January 15, 2002, Plaintiff purchased a used van from a local

dealership. The purchase was financed with a secured loan from Bank One Corporation (the Debt or alleged Debt). 8. In the months following the purchase, the van frequently broke down,

required major repairs and was inoperable. On or around January 1, 2004, Plaintiff stopped making payments on the loan, rather than pouring additional money into a lemon. The loan, ultimately, went into default. 9. Bank One repossessed the van in March 2004. The van was ultimately sold

at auction and, upon information and belief, the proceeds were applied to the remaining
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balance due on the loan. 10. The alleged Debt was a financial obligation that was primarily for personal,

family or household purposes and, therefore, is a debt as that term in defined by 15 U.S.C. 1692a(5). 11. Upon information and belief, sometime prior to March 15, 2012, the Debt

was assigned, sold, placed or otherwise transferred to Defendant Bureaus for collection from Plaintiff. 12. Upon information and belief, on or around Apri11, 2012, the debt was

assigned, placed or otherwise transferred to Defendant SRI for collection from Plaintiff. Harassment by Automatic Telephone Dialing System 13. Throughout the month of April, 2012, Defendants made approximately 50

phone calls to Plaintiffs cellular telephone using an automatic telephone dialing system and an artificial or prerecorded voice in violation of the Telephone Consumer Protection Act, 47 U.S.C. 227, et al. 14. On April 11, 2012, at 4:54 p.m. CST, Defendant SRI made a telephone call

to Plaintiffs cellular telephone using an automatic telephone dialing system. The phone number displayed on Plaintiffs caller ID was (651) 346-3095. 15. On April 12, 2012, at 3:01 p.m. CST, Defendant SRI made a telephone call

to Plaintiffs cellular telephone using an automatic telephone dialing system. The phone number displayed on Plaintiffs caller ID was (651) 346-3113. Defendant SRI left the following message on Plaintiff voice mail using an artificial or prerecorded voice: for Lynda Yant. If you are not Lynda Yant, please hang up or
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disconnect. If you are Lynda Yant, please continue to listen to this message. There will now be a three second pause in this message. By continuing to listen to this message, you acknowledge you are Lynda Yant. You should not listen to this message, so that other people can hear it as it contains personal and private information. There will now be a three second pause in this message to allow you to listen to this message in private. This is Stellar Recovery Incorporated at 888-318-7041. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Please contact me about an important business matter at 888-318-7041. Goodbye. This message violated the TCPA, which prohibits making any call to a cellular telephone, which uses an artificial or prerecorded voice. 47 U.S.C. 227(b)(1)(A). 16. On April 16, 2012, at 2:53 p.m. CST, Defendant SRI made a telephone call

to Plaintiffs cellular telephone using an automatic telephone dialing system. The phone number displayed on Plaintiffs caller ID was (651) 269-3984. 17. On April 16, 2012, at 4:08 p.m. CST, Defendant SRI made a telephone call

to Plaintiffs cellular telephone using an automatic telephone dialing system. The phone number displayed on Plaintiffs caller ID was (651) 829-8844. 18. On April 17, 2012, at 3:46 p.m. CST, Defendant SRI made a telephone call

to Plaintiffs cellular telephone using an automatic telephone dialing system. The phone number displayed on Plaintiffs caller ID was (651) 346-3095. 19. On April 20, 2012, at 2:32 p.m. CST, Defendant SRI made a telephone call

to Plaintiffs cellular telephone using an automatic telephone dialing system. The phone number displayed on Plaintiffs caller ID was (651) 346-3095. 20. On April 23, 2012, at 12:38 p.m. CST, Defendant SRI made a telephone

call to Plaintiffs cellular telephone using an automatic telephone dialing system. The
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phone number displayed on Plaintiffs caller ID was (651) 346-3095. 21. On April 23, 2012, Plaintiff received a letter from Defendant SRI

demanding payment on the Debt in the amount of $14,031.43. 22. On April 24, 2012, at 9:11 a.m. CST, Defendant SRI made a telephone call

to Plaintiffs cellular telephone using an automatic telephone dialing system. The phone number displayed on Plaintiffs caller ID was (651) 346-3113. 23. On April 24, 2012, Plaintiff mailed a certified letter to Defendant SRI

disputing the amount of the debt and requesting verification. Defendant SRI received the letter on April 28, 2012, at 10:10 a.m. 24. On April 25, 2012, at 9:45 a.m. CST, Defendant SRI made a telephone call

to Plaintiffs cellular telephone using an automatic telephone dialing system. The phone number displayed on Plaintiffs caller ID was (651) 829-8844. Defendant SRI left the following message on Plaintiff voice mail using an artificial or prerecorded voice: for Lynda Yant. If you are not Lynda Yant, please hang up or disconnect. If you are Lynda Yant, please continue to listen to this message. There will now be a three second pause in this message. By continuing to listen to this message, you acknowledge you are Lynda Yant. You should not listen to this message, so that other people can hear it as it contains personal and private information. There will now be a three second pause in this message to allow you to listen to this message in private. This is Stellar Recovery Incorporated at 888-318-7041. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Please contact me about an important business matter at 888-318-7041. Goodbye. This message violated the TCPA, which prohibits making any call to a cellular telephone, which uses an artificial or prerecorded voice. 47 U.S.C. 227(b)(1)(A). 25.
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On April 26, 2012, at 3:47 p.m. CST, Defendant SRI made a telephone call
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to Plaintiffs cellular telephone using an automatic telephone dialing system. The phone number displayed on Plaintiffs caller ID was (651) 346-3095. Defendant SRI left the following message on Plaintiff voice mail using an artificial or prerecorded voice: for Lynda Yant. If you are not Lynda Yant, please hang up or disconnect. If you are Lynda Yant, please continue to listen to this message. There will now be a three second pause in this message. By continuing to listen to this message, you acknowledge you are Lynda Yant. You should not listen to this message, so that other people can hear it as it contains personal and private information. There will now be a three second pause in this message to allow you to listen to this message in private. This is Stellar Recovery Incorporated at 888-318-7041. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Please contact me about an important business matter at 888-318-7041. Goodbye. This message violated the TCPA, which prohibits making any call to a cellular telephone, which uses an artificial or prerecorded voice. 47 U.S.C. 227(b)(1)(A). 26. On April 27, 2012, at 8:50 a.m. CST, Defendant SRI made a telephone call

to Plaintiffs cellular telephone using an automatic telephone dialing system. The phone number displayed on Plaintiffs caller ID was (651) 346-3113. Defendant SRI left the following message on Plaintiff voice mail using an artificial or prerecorded voice: for Lynda Yant. If you are not Lynda Yant, please hang up or disconnect. If you are Lynda Yant, please continue to listen to this message. There will now be a three second pause in this message. By continuing to listen to this message, you acknowledge you are Lynda Yant. You should not listen to this message, so that other people can hear it as it contains personal and private information. There will now be a three second pause in this message to allow you to listen to this message in private. This is Stellar Recovery Incorporated at 888-318-7041. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Please contact me about an important business matter at 888-318-7041. Goodbye. This message violated the TCPA, which prohibits making any call to a cellular telephone,
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which uses an artificial or prerecorded voice. 47 U.S.C. 227(b)(1)(A). 27. On April 28, 2012, at 12:15 p.m. CST, Defendant SRI made a telephone

call to Plaintiffs cellular telephone using an automatic telephone dialing system. The phone number displayed on Plaintiffs caller ID was (651) 829-8844. 28. On April 30, 2012, at 8:53 a.m. CST, Defendant SRI made a telephone call

to Plaintiffs cellular telephone using an automatic telephone dialing system. The phone number displayed on Plaintiffs caller ID was (651) 346-3113. Plaintiff answered the phone call and an artificial voice stated, If you are Lynda Yant press one. Plaintiff pressed one and a male voice came onto the line. He stated that he wanted to follow up with Plaintiff about a debt that she owed. Plaintiff explained that she had sent a letter disputing the debt and demanding verification. The debt collector stated that the letter had not been entered into the system yet. Plaintiff stated that she did not want to receive any phone calls from Defendants. In response, the debt collector said he would note her account. Spoofing 29. Throughout the period of time Defendant SRI attempted to collect the

alleged Debt from Plaintiff, Defendant SRIs phone system created and displayed on Plaintiffs caller identification system a phone number with a area code from central Minnesota, specifically 651. 30. Defendant SRI does not maintain a debt collection agency in Minnesota or

within the geographical area that is assigned an area code of 651. 31.
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Plaintiff believed that she was receiving a phone call from a local person or
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business when Defendants initially called to collect the debt. 32. Upon information and belief, Defendant SRI uses a telephone system or

equipment that displays fictitious, local telephone numbers of the geographical area where the debtors they are attempting to collect debts from reside. This practice is called spoofing. False Representation of the Amount of the Debt 33. Upon information and belief, Defendants have demanded an amount of the

debt that is inaccurate. 34. Plaintiff does not legally owe an amount of $14,031.43 as described in the

statement provided to Plaintiff and demanded by Defendants in letters and numerous phone calls. 35. Upon information and belief, Defendants have artificially inflated the

amount of the debt and charged interest they are not legally entitled to collect. Emotional Distress 36. As a result of Defendants repeated violations of the FDCPA, TCPA and

invasions of privacy, Plaintiff has suffered actual damages in the form of emotional distress, anger, anxiety, fear, frustration, humiliation, among other negative emotions, as well as suffering from unjustified and abusive invasions of personal privacy. CAUSES OF ACTION COUNT I. VIOLATIONS OF THE FAIR DEBT COLLECTIONS PRACTICES ACT 15 U.S.C. 1692 37.
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Plaintiff repeats and incorporates by reference paragraphs 1 - 36.

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38.

Defendants violated the FDCPA, 15 U.S.C. 1692, in their attempt to

collect the alleged debt from Plaintiff. Defendants violations include, but are not limited to, the violations described in Paragraphs 39 - 46 of this Complaint. 39. Defendant SRI violated 15 U.S.C. 1692g(a) by failing to send Plaintiff a

written notice within five days after their initial communication with Plaintiff. 40. Defendant SRI violated 15 U.S.C. 1692g(b) by communicating by

telephone with Plaintiff after receiving on April 28, 2012, a letter from Plaintiff disputing the Debt and requesting verification. 41. Defendants violated 15 U.S.C. 1692d by engaging in conduct the natural

consequence of which was to harass, oppress, or abuse Plaintiff. 42. Defendant SRI violated 15 U.S.C. 1692d(5) by causing Plaintiffs

cellular telephone to ring with the intent to annoy, abuse and harass Plaintiff. 43. Defendant SRI violated 15 U.S.C. 1692e by using false, deceptive and

misleading representations and means in connection with attempting to collect the Debt from Plaintiff, including spoofing local phone numbers on Plaintiffs caller identification. 44. Defendants violated 15 U.S.C. 1692e(2) by falsely representing the

amount of the Debt, specifically the amount of $14,031.43. 45. Defendants violated 15 U.S.C. 1692f by using unfair and

unconscionable means to collect the Debt from Plaintiff. 46. Defendants violated 15 U.S.C. 1692f(1) by attempting to collect an

amount of the Debt that was not expressly authorized by the agreement creating the Debt
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or permitted by law. COUNT II. VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT 47 U.S.C. 227(B)(1) 47. 48. Plaintiff repeats and incorporates by reference paragraphs 1 - 46. The TCPA prohibits a person from making any non-emergency call using

any automatic telephone dialing system or an artificial or prerecorded voice to any telephone phone number assigned to a cellular telephone service. 47 U.S.C. 227 (b), See 47 CFR 64.1200 (a)(1) 49. Defendants used an automatic telephone dialing system when it called

Plaintiffs cellular telephone in violation of 47 U.S.C. 227 (b)(1)(A), 47 CFR 64.1200 (a)(1). 50. Defendants used an artificial or prerecorded voice when it called Plaintiffs

cellular telephone in violation of 47 U.S.C. 227 (b)(1)(A), 47 CFR 64.1200 (a)(1). 51. Defendants willfully or knowingly violated the TCPA, 47 U.S.C. 227,

entitling Plaintiff to three times the damages available under 47 U.S.C. 227(c)(5)(B). COUNT III. INVASION OF PRIVACY BY INTRUSION ON SECLUSION 52. 53. Plaintiff incorporates by reference paragraphs 1 51. Congress explicitly recognized a consumers inherent right to privacy in

collection matters in passing the Fair Debt Collection Practices Act, when it stated as part of its findings:

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Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. 15 U.S.C. 1692(a) (emphasis added). 54. Defendants intentionally interfered, physically or otherwise, with the

solitude, seclusion and or private concerns or affairs of the Plaintiff, namely, by repeatedly and unlawfully attempting to collect a debt and thereby invaded Plaintiffs privacy. 55. Defendants intentionally caused harm to Plaintiffs emotional well being by

engaging in highly offensive conduct in the course of collecting this debt thereby invading and intruding upon Plaintiffs right to privacy. 56. Plaintiff had a reasonable expectation of privacy in Plaintiffs solitude,

seclusion, and or private concerns or affairs. 57. These intrusions and invasions by Defendants occurred in a way that would

be highly offensive to a reasonable person in that position. 58. As a result of such invasions of privacy, Plaintiff is entitled to actual

damages in an amount to be determined at trial from each and every Defendants. PRAYER FOR RELIEF THEREFORE, Plaintiff respectfully requests that judgment be entered against Defendants for the following: COUNT I. Violations of the Fair Debt Collection Practices Act
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1. 2.

For an award of actual damages pursuant to 15 U.S.C. 1692k(a)(1); For an award of statutory damages of $1,000.00 pursuant to 15 U.S.C.

1692k(a)(2)(A); 3. For an award of costs of litigation and reasonable attorneys fees pursuant

to 15 U.S.C. 1692k(a)(3); COUNT II. Violations of the Telephone Consumer Protection Act 4. TCPA; 5. 227(c)(5)(B); 6. For an award of triple the damages available under 47 U.S.C. For an award of damages consistent with the TCPA, 47 U.S.C. For a declaration that Defendants telephone calls to Plaintiff violated the

227(c)(5)(B) for willful or knowing violations of the TCPA; 7. For a permanent injunction prohibiting Defendants from placing non-

emergency telephone calls to Plaintiffs cellular telephone using an automatic telephone dialing system or pre-recorded or artificial voice; and 8. Such other or further relief as the Court deems proper; COUNT III. Invasion of Privacy by Intrusion Upon Seclusion 9. For an award of actual damages for the emotional distress suffered as a

result of the FDCPA violations and invasions of privacy in an amount to be determined at trial; and 10.
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For such other and further relief as may be just and proper.
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Respectfully Submitted, HEANEY LAW FIRM, LLC Date: May 31, 2012 s/ Mark L. Heaney Mark L. Heaney Attorney I.D. #0333219 13911 Ridgedale Drive, Suite 110 Minnetonka, Minnesota 55305-1773 Telephone: (952) 933-9655 Facsimile: (952) 544-1308 ,-./01!-.23456.7680.9:;<-! Attorney for Plaintiff

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