Case 1:12-cv-07644-JSR Document 1 Filed 10/12/12 Page 1 of 7

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NE"' YORK
George Rivera,
Civil Action No.:
,,,,, 1
()

"J

Plaintiff,
v.
Chase Receivables, Inc.; and
DOES 1-10, inclusive,
Defendants.
COMPLAINT
For this Complaint, the Plaintiff, George Rivera, by undersigned cotnsel, states as
fllows:
JURISDICTION
I. This action arises out of the Defendants' repeated violations of the Fair Debt
Collection Practices Act, 15 U.S.C. 1692, et seq. ("FDCPA"), and the invasions of the
Plaintiffs personal privacy by the Defendants and their agents in their illegal efo1ts to collect a
consumer debt.
2. Supplemental jurisdiction exists pursuant to 28 U.S.C. 1367.
3. Venue is proper in this District pursuant to 28 U.S.C. 1391(b), in that the
Defendants transact business in this District and a substantial portion of the acts giving rise to
this action occurred in this District.
PARTIES
4. The Plaintif, George Rivera ("Plaintiff'), is an adult individual residing in New
York, New York, and is a "consumer" as the term is defined by 15 U.S.C. !692a(3).
5. The Defendant, Chase Receivables, Inc. ("Chase Receivables"), is a Califrnia
Case 1:12-cv-07644-JSR Document 1 Filed 10/12/12 Page 2 of 7
business entity with an address of951 California
B
oulevard, Napa, California 94559, operating
as a collection agency, and is a "debt collector" as the term is defined by 15 U.S.C. 1692a(6).
6. Does 1-10 (the "Collectors") are individual collectors employed by Chase
Receivables and whose identities are cunently unknown to the Plaintiff. One or more of the
Collectors may be joined as patiies once their identities are disclosed through discovery.
7. Chase Receivables at all times acted by and through one or more of the
Collectors.
ALLEGATIONS APPLICABLE TO ALL COUNTS
A. The Debt
8. The Plaintiff allegedly incurred a financial obligation in the approximate amount
of $500.00 (the "Debt") to an original creditor (the "Creditor").
9. The Debt arose from services provided by the Creditor which were primarily fr
family, personal or household purposes and which meets the definition of a "debt" under
15 U.S.C. 1692a(5).
I 0. The Debt was purchased, assigned or transfened to Chase Receivables for
collection, or Chase Receivables was employed by the Creditor to collect the Debt.
11. The Defendants attempted to collect the Debt and, as such, engaged in
"communications" as defined in 15 U.S.C. 1692a(2).
B. Chase Receivables Engages in Harassment and Abusive Tactics
12. In August 2012, Defendants began placing daily calls to Plaintif at his landline
(xxx-xxx-3047) in an attempt to collect the Debt.
13. On numerous occasions, Plaintiff infrmed defendants that he was unemployed
2
Case 1:12-cv-07644-JSR Document 1 Filed 10/12/12 Page 3 of 7
and had no means to pay the Debt.
14. Neve1iheless, Defndants continued to place daily calls to Plaintiff and demanded
that he pay same.
15. Plaintiff was greatly frustrated by Defendants' calls and at one point yelled at
Defendants: "Stop calling and just sue me already, but stop harassing me by phone!"
16. However, Defendants continued to call Plaintiff and asked Plaintiff personal
question, such as, who Plaintif lived with, how much his mother earned, what kind of work she
did, how much money she had in her retirement plan and if she could pay the Debt.
17. When Plaintiff stated that he would not tolerate this kind of harassment and asked
to speak to a supervisor, Defendants' collector retmied: "What, is he going to pay the bill for
you?!"
C. Plaintif Sufered Actual Damages
18. The Plaintiff has sufered and continues to sufer actual damages as a result of the
Defndants' unlawfl conduct.
19. As a direct consequence of the Defendants' acts, practices and conduct, the
Plaintiff sufered and continues to sufer from humiliation, anger, anxiety, emotional distress,
fear, frustration and embarrassment.
COUNT I
VIOLATIONS OF THE FDCPA-15 U.S.C. 1692, et seq.
20. The Plaintiff incorporates by reference all of the above paragraphs of this
Complaint as though flly stated herein.
21. The Defendants' conduct violated 15 U.S.C. 1692d in that Defendants engaged
in behavior the natural consequence of which was to harass, oppress, or abuse the Plaintif in
3
Case 1:12-cv-07644-JSR Document 1 Filed 10/12/12 Page 4 of 7
connection with the collection of a debt.
22. The Defendants' conduct violated 15 U.S.C. I 692d(5) in that Defendants caused
a phone to ring repeatedly and engaged the Plaintif in telephone conversations, with the intent to
annoy and harass.
23. The fregoing acts and omissions of the Defendants constitute numerous and
multiple violations of the FDCPA, including every one of the above-cited provisions.
24. The Plaintif is entitled to damages as a result of Defendants' violations.
PRAYER FOR RELIEF
"'HEREFORE, the Plaintif respectfully prays that judgment be awarded in the
Plaintiffs fvor and against the Defndants as follows:
I. Against the named the Defendants, jointly and severally, awarding the Plaintif
actual damages pursuant to 15 U.S.C. 1692k(a)(I);
2. Against each of the named the Defendants, awarding the Plaintiff statutory
damages of$1,000.00 pursuant to 15 U.S.C. 1692k(a)(2)(A);
3. Against the named the Defndants, jointly and severally, awarding the Plaintif
recove1y of the costs oflitigation and reasonable attorey's fees pursuant to 15 U.S.C.
1692k(a)(3);
4. Against the named the Defendants, jointly and severally, awarding the Plaintif
punitive damages in such amow1t as is fund appropriate; and
5. Granting the Plaintif such other and fther relief a may be just and proper.
TRIAL BY JURY DElANDED ON ALL COUNTS
4
Case 1:12-cv-07644-JSR Document 1 Filed 10/12/12 Page 5 of 7
Dated: October 5, 2012
ly subn tted,

B
y

Sergei Le ISL 63 31)
LEt
B
ERG"SSOCIATES L.L.C.
1100 Sununer Street, 3rd Floor
I
Stamford, CT 06905
Tejphone: (203) 653-2250
Fafsimile: (203) 653-3424
A oreys fr Plaintiff
5
Case 1:12-cv-07644-JSR Document 1 Filed 10/12/12 Page 6 of 7
ClVlL COVEH SHEET
JS 44C/SDNY
REV. 1/2008
The JSem informa|ion con|ained hereinnei errepIacV:menttnser e04
pIeadnr requiredhyIaw,exceptasprovdbc !ruIesoI ou . sform,p

ehe u ia
Conference oI |he Uni|edS|atesin September1974,isrequ d f seoI1he Ier o ourtfor|h

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fini ting
|he civiIdocket sheet

` _j > JU`
PLAINTIFFS DEFENDANTS
George Rivera Chase Receivables, Inc.
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)
Lemberg & Associates, LLC
ATTORNEYS (IF KNOWN)
!1 Summer Street, Third Floor
Stamford CT 90'
CAUSE Of ACTION (C!TE THE US.C!V!L STATUTEUNDER WH! CHYOUAREF!I!NG AND WR!TE A BR!EFSTATEMENT OF CAUSE]
(DO NOTC!TEJUR!SD!CT!ONAL STATUTES UNLESS D!VERS!TY)
1 UGL19Z - VlOl3IOn8 O!I|3l| bILOl0IOn H|30Il08P0I
Has this or a similar case been previously filed in SONY at any time? No? l Yes? 0 Judge Previously Assigned
If yes. \Vas this case Vol.D lnvoL D Dismissed. No l Yes D If yes. give date & Case No.
t ACE AN fl IN ONF BOX ONLY
CONTRACT
I
j110
[ ]120
[ ]130
I ]140
[ ]150
[ ]151
[]152
[ ]153
[160
[ ] 190
[[195
INSURANCE
MAR!NE
M!LIERACT
NEGOT!AIE
!NSTRUMENT
RECOVERYOF
OVERPAYMENTT
ENFORCEMENT
OFJUDGMENT
MED!CAREACT
RECOVERYOF
DEFAUITED
STUDENTLOANS
(EXCIVETERANS}
RECOVERYOF
OVERPAYMENT
OFVETERAN'S
ENEF!TS
STOCKHOLDERS
SU!TS
OTHER
CONTRACT
CONTRACT
PRODUCT
I!A!L!TY
[ ]196 FRANCH!SE
REAI PROPERTY
[ ]210
[ ] 220
[ ]230
I
]240
[[245
[ ]290
LAND
CONDEMNAT!ON
FORECIOSURE
RENTIEASET
EJECTMENT
TORTSTOLAND
TORTPRODUCT
L!AB!L!TY
ALLOTHER
REAL PROPERTY
TORTS
PERSONAIINJURY
[[310 A!RPLNE
[[315 A!RPLANEPRODUCT
L!AB!L!TY
[[320 ASSAUIT,I!EIT
SIANDER
I ]330 FEDERAL
EMPLOYERS'
LIABlL!TY
{ ]340 MAR!NE
[ ] 345 MAR!NEPRODUCT
L!ABIL!T
I ]350 MOTORVEH!CLE
[[355 MOTORVEH!CLE
PRODUCTI!A!L!1Y
[ ] 360 OTHERPERSONAI
!NJURY
ACT!ONSUNDERSTATUTES
C!V!IR!GHTS
[J 441 VOT!NG
[ ]442 EMPIOYMENT
I ]443 HOUSING/
ACCOMMODAT!ONS
[ ]444 WEIFARE
[[445 AMER!CANS W!TH
D!SAB!L!T!ES
EMPIOYMENT
{ ]446 AMER!CANSW!TH
DISAILTIESOTHER
[ ]440 OTHERC!V!LR!GHTS
Check if demanded in complaint:
NATURE OF SUIT
ACT!ONSUNDERSTATUTES
PERSONAIINJURY FORFE!TURE/ PENAI TY BANKRUPTCY
[ ]362
[ ]365
[[ 368
PERSONAL!NJURY [J 610
MEDMALPRACTICE [ ]620
PERSONAL!NJURY
PRODUCT I!A!I!T [ 625
ASESTOSPERSONAI
!NJURY PRODUCT
L!A!I!TY
PERSONAI PROPERTY
I ] 370 OTHERFRAUD
[ ]371 TRUTHINIEND!NG
[ ] 380 OTHERPERSONAI
PROPERTYDA|'GE
! ]385 PROPERTYDAMAGE
PRODUCTL!ABIL!TY
PR!SONERPETIT!ONS
[ ] 510 MOT!ONSTO
VACATESENTENCE
28use 2255
[ ]630
[[640
[ ]650
[ ]660
[ ]690
IABOR
I J 710
[ ] 720
[ ]730
[ ]740
[[790
[ ]791
AGR!CUITURE
OTHERFOODT
DRUG
DRUGRELATED
SE!ZUREOF
PROPERTY
21USC881
I!CUORIAWS
RRTTRUCK
A!RL!NEREGS
OCCUPAT!ONAL
SAFET/|!EAITH
OTHER
FA!RLBOR
STANDARDSACT
LAOR/MGMT
RELAT!ONS
LAOR0dGMT
REPORT!NG T
D!SCIOSUREACT
[ ]422 AFPEAI
28USC158
[ ]423 W!THDRAWAL
28 USC !57
PROPERTYR!GHTS
[ ]820 COPYR!GHTS
[ ]830 PATENT
{ ] 840 TRADEMARK
SOC!AISECURITY
[ ]861 H!A(1395ff)
[]862 LACKIUNG{923)
[ ]863 D!WC/DNW(405(g))
[ ]864 SSlDT!TIEXJ
[[865 RS! (405(@)}
FEDERAITAXSU!TS
RA!LWAYLABORACT [ ]870 TAXES(U.S.PIainlifIo
OTHERlABOR De'endan|)
L!T!GAT!ON [[871 !RSTHIRDPARTY
EMFIRET!NC 26USC7609
SECUR!TYACT
f ]530
[ ]535
! ]540
f ]550
I ]555
HABEASCORPUS
DEATHPENAITY
MANDAMUSTOTHER
C!VIIR!GHTS
PR!SONCOND!T!ON
IMM!GRATION
[ ]462
I ]463
[ ]465
NATURAI!ZAT!ON
APPI!CAT!ON
HABEASCORPUS
AIENDETA!NEE
OTHER!MM!GRAT!ON
ACT!ONS
,,,(
OTHERSTATUTES
I 400 STATE
REAPPORT!ONMENT
[[410 ANT!TRUST
{ [ 430 BANKS T ANK!NG
[ ]450 COMMERCE
[ ]460 DEPORTAT!ON
{ ]470 RACKETEER INFIU-
ENCEDT CORRUPT
ORGAN!ZATION ACT
(R!CO)
[X] 480 CONSUMERCRED!T
I ]490 CABLE/SATEILTET
[ ] 810 SEIECTTSERV!CE
[[850 SECUR!TIES|
COMMOD!T!ES/
EXCHANGE
[[875 CUSTOMER
CHALIENGE
12USC3410
[ ]890 OTHERSTATUTORY
ACT!ONS
[]891 AGR!CUITURAL ACTS
[ ] 892 ECONOMlC
STA!L!ZAT!ON ACT
! ]893 ENV!RONMENTAL
MATTERS
[[894 ENERGY
AIIOCAT!ONACT
[[895 FREEDOMOF
!NFORMAT!ONACT
[ ]9O0 APPEAI OFFEE
DETERMINAT!ON
UNDEREOUAL
ACCESSTOJUSTICE
[ ]950 CONST!TUT!ONAI!TY
OFSTATESTATUTES
CHECK IF THIS JS A CLASS ACTION
UNDER F.R.C.P. 23
DO YOU CLIM THIS CASE IS RELATED TOA CIVIL CASE NOW PENDING IN S.D.N.Y.?
IF SO, STATE:
DEMAND $0THERJUDGE DOCKETNUMBER
Check YES only if demanded in complaint
JURY DEMAND: ! YES l NO NOTE: Please submit at the time of filing an exlanation of why cases are deemed related.
Case 1:12-cv-07644-JSR Document 1 Filed 10/12/12 Page 7 of 7
(PLACE AN x IN ONE BOX ONL YJ
1 OriginaI g ra. RemoveoIrom
Proceeoing Sta!eCour!
rO.RemoveoIrom
S|a|eCourt AND
aI Ieast one
partysproe.
03
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RemanoeoIrom g4 Reins|ateoor
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(SpeciIyDistric!)
MuI1ioislrict
IiIigaIion
0
7 AppeaI!o Distric|
Judgefrom
MagistrateJuoge
Juogmen|
(PLACE AN x IN ONE BOX ONLY)
0 1 U.S. PLAINTIFF 0 2 U.S. DEFENDANT
BASIS OF JUHlSOlCTlON
I 3 FEDERAL QUESTION 0 4 DIVERSITY
(U.S. NOT A PARTY)
IF DIVERSITY IND/CA TE
CITIZENSHIP BELOW.
(28 USC 1322, 1441)
CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)
(Place an [XJ i n one box for Plaintiff and one box for Defendant)
PTF DEF PTF DEF PTF DEF
C!TIZEN OFTH!S STATE
[ J 1
{
J 1 CIT!ZEN OR SUJECTOF A
[ } 3 [ ] 3 !NCORPORATED. PR!NC!PALPLACE [ J 5 [ J 5
FORE!GNCOUNTRY OFBUS!NESS IN ANOTHER STATE
C!TIZEN OF ANOTHER STATE I ] 2 [ J 2 !NCORPORATED2 PR!NC!PAL PLACE [ J 4 [ J 4 FORE!GNNAT!ON { ] 6 [ ] 6
OF US!NESS !N TH!S STATE
PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)
George Rivera
50 West 97th Street

Apt. 1 OS
New York, NY 100L5
County of New York
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)
Chase Receivables, Inc.
951 Califrnia
B
onlevard
Napa, California 94559
State of Califoria
DEFENDANT(S) ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN THE
RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
Check one: THIS ACTION SHOULD BE ASSIGNED TO:
(DO NOT check either box if this a PRISONER PETITION.)
_WHITE PLAINS ANHATTAN
DATE
10l6l2012
RECEIPT#
Magistrate Judge is to be desig ated by the Clerk of the Court.
Magistrate Judge
ADMITTED T PRACTICE IN THIS DISTRICT
[I NO
[x) YES (DATE ADMITTED Mo. 02 Yr. 2003
Attorney Bar Code# SL 6331
1JAG
nmGF COI
is so Designated.
J. Michael McMahon, Clerk of Court by Deputy Clerk, DATED
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)