Case 1:14-cv-00366-S-PAS Document 1-1 Filed 08/15/14 Page 1 of 15 PageID #: 5

EXHIBIT A

Case 1:14-cv-00366-S-PAS Document 1-1 Filed 08/15/14 Page 2 of 15 PageID #: 6

. CT Corporation

Service of Proce!;s
Transmittal
07/1712014
CT Log Number 525345195

TO~

Mary Jo Spalinger
.
Business Filings Incorporated (Recipient Account Only)
802() Excelsior Drive, Suite 200
Madison, WI 53717

RE:

Process Served in Rhode Island

FOR:

Stellar .Recovery, Im:;. (Domestic State; FL)

Ef>IC'-OSED ARE COPIQ OF LEGAL PROCESS RECEIVED BY THl:l STATUTQRY AGENT OFTHl:l ABOVE CO!'t'IPANY AS FOLLOWS:

TITLE OF ACTIONi

Andrea Bien, Pltf. vs. stellar Recovi;:ry, Inc;., et al., Dfts.

DOCUMENT(S} 8ERV'Dl

,Summonses, Complaint

COURT/AGENCY:

ProVidence County Superior Court, RI

Case fl 143535

NATURE OF ACTION:

Federal Debt Collection Practices Ace (FDCPA)

ON WHOM PROCESS WAS SERVED~

Business Filings International, Inc., East Providence, RI

DJ\TE A,ND HOUR OF SERVICll:

By Process Server on 07/1712014at13:30

JURISDICTION SERVED :

Rhode Island
Within 20 days after service of this summons, exclusive of the day of service

ATTORNEY(S).f SENDER(S}:

John l: Longo
996 Smith Street .
Providence, R! 02908
401-383-7750.

ACTION ITEMS:

CT has retained the current log, Retain Date: 07118/2014, Expected Purge Date:
07/23/2014
Image SOP

. ..

Email Notificatioh, Mary Jo Spalinger ctsop@bizfilings.com

SIGNEDl
ADDRESSi

Business Filings International, Inc.

450 Veterans Memorial ParkWay

Suite 7A
East Providence, RI 02914
TELEPHONE:

609-538-1818

Pagr;i 1 qf 1 I BJ
Information displayed on !his transmJtt!\l ls for CT Corporati!ln's
rec;ord keeping purposes only an.d is provided to the redpient for
quick reference. Thls lnformatlon dOes not a:instltute a legal
opinion as to ~nature of actlo!I, the am!ll.int of damages, the
~r date, or any information cOl'ltalned in the documents
themselves. Recipient ls res1xmslble .f!ir interpreting said
documents and for t;iklng appropriate action. Signatures on
certified mall receipts confhm receipt of package only, not
contents.

.,

,,
Case 1:14-cv-00366-S-PAS Document 1-1 Filed
08/15/14 Page 3 of 15 PageID #: 7

STATE OF RHODE ISLAND AND

PROVIDENCE PLANTATIONS

SUPERIOR COURT
Andrea Bien

Plaintiff

Civil Action, File Number

14-3535

v.

SUMMONS
Stellar Recovery, Inc,

Defendant
John T. Longo

Attorney for the Plaintiff

NOTE: Returnable to the Plaintiff's Attorney forthwith after service. Proof of service to be filed within time during
which the person served must respond.
State of Rhode Island and Providence Plantations
Providence

PROOF OF SERVICE
I hereby certify that on the _ _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _ I served a copy of this
summons
and
a
copy
of
the
complaint
received
therewith
upon
m
the
fol1owing manner:

D By delivering a copy of the summons and complaint to him or her personally.

D

By

leaving

copy

of

the

summons

and

complaint

at

his

or

her

dwelling

house,

(Address)

with a person of suitable age and discretion then residing therein.

By

leaving a

copy of the summons and

complaint at

his or her

usual

place of abode,
, with a person of

-----------------------------~-~~~

suitable age and discretion then residing therein.

D By leaving a copy of the summons and complaint to an agent authorized by appointment or by law to receive
service of process, namely
, such agent being one
designated by statute to receive service, further notice as the statue requires was given as
follow:
------------~--------------------~

Sheriffs Fees
Travel - - - - - - -

$_ _ _ __

Service- - - - - - -

$_ _ _ _ __
Deputy Sheriff
$_ _ _ _ __

Superior-I (revised October 2012)

Case 1:14-cv-00366-S-PAS Document 1-1 Filed 08/15/14 Page 4 of 15 PageID #: 8

..

STATE OF RHODE ISLAND ANO

PROVIDENCE PLANTATIONS

SUPERIOR COURT

121 Providence/Bristol County

Licht Judicial Complex
250 Benefit Street
Providence, Rhode Island 02903

Kent County
Noel Judicial Complex
222 Quaker Lane
Warwick, Rhode Island 02886

: Andrea Bien
PJaintiff

D Newport County
Murray Judicial Complex
45 Washington Square
Newport, Rhode Island 02840

D Washington County
McGrath Judicial Complex
4800 Tower Hill Road
Wakefield, Rhode Island 02879
Civil Action, File Number
14-3535

v.

SUMMONS
Stellar Recovery, Inc.

Defendant

To the above-names Defendant:

Stellar Recovery, Inc.

do Business Filings International, Inc.
Registered Agent

450 Veteran's Memorial Parkway, Suite 7A

East Providence, RI 02914

The above-named Plaintiff has brought an action against you in said Superior Court in the county indicated
You
are
hereby
summoned
and
required
to
serve
upon
above.
John T. Longo, Esq.
, the Plaintiff's attorney, whose address is
996 Smith Street, Providence, RI 02908
an
answer to the complaint which is herewith served upon you within twenty (20) days after service of this
summons upon you, exclusive of the day of service.
If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.
Your answer must also be filed with the court.

... -

(Seal of the Superior Court)

Superior-1 (revised October 2012)

Clerk

Case 1:14-cv-00366-S-PAS Document 1-1 Filed 08/15/14 Page 5 of 15 PageID #: 9

, I

'

STATE OF RHODE ISLANI> AND PROVIDENCE PLANTATIONS

SUPERIOR COURT - PROVIDENCE COUNTY

Andrea Bien,

'

.,

'

Plaintiff,

353S

t4Jury Trial Requested

vs.
Stellar Recovery, Inc.,

J Doe #1, and

JDoe #2,
Defend ants.

Complaint
Introduction
1.

Someone used the Plaintiff's personal information and good credit to fraudulently open a
number of financial accounts in Florida and possibly Georgia. When the fraudster did not
pay on the accounts, debt collectors tracked the Plaintiff down in Rhode Island and tried
to collect their money from her. The Plaintiff reported the crime to the police and told the
debt collectors what had happened. The P1l:!-inti:ff also enlisted the aid of an attorney to
help straighten out the mess.

2.

While attempting to collect one of the fraudulent debts from the Plaintiff: the Defendants
a) contacted the Plaintiff while they knew an attorney was representing her, and b)
pretended to be calling her from within Rhode Island by employing a trick known as
caller-10 'spoofing.'

By doing so, the Defendants violated the federal Fair Debt

Case 1:14-cv-00366-S-PAS Document 1-1 Filed 08/15/14 Page 6 of 15 PageID #: 10

Collection Practices Act (FDCPA) and the Plaintiff brings this action under the Act
seeking statutory damages, actual damages and attorney fees.

3.

The Plaintiff also alleges the Defendants' conduct while attempting to collect the a1leged
debt, specifically the call to her after it knew she was represented by an attorney,
constituted an invasion of her statutory right to privacy in violation of RIGL 9-1-28. l et

seq. The Plaintiff seeks statutory damages, actual damages, costs, attorney fees, and
punitive damages under the invasion of privacy claim .

Jurisdiction and Venue

4.

The amount in controversy exceeds $5,000 and this Court has jurisdiction to hear the
federal law FDCPA claims in this matter pursuant to 15 U.S.C. 1692k (d) and the state
law invasion of privacy claim pursuant to RJGL 9-1-28. l(b).

5.

Should this case be removed to federal court, the federal Court would have jurisdiction to

hear the state law invasion of privacy claims pursuant to 28 U.S.C. 1367(a).

6.

Venue in this county is proper because the Plaintiff is a resident of Providence County
and the conduct complained of took place, vi~ the telephone, in this county.

Case 1:14-cv-00366-S-PAS Document 1-1 Filed 08/15/14 Page 7 of 15 PageID #: 11

Parties
t'

7.

'

'

The Plaintiff Andrea Bien is an adult resident of the municipallty of Providence, County
of Providence, State of Rhode Island.

8.

The Defendant Stellar Recovery, Inc., (Stellar) is a foreign company registered with the
Rhode Island Secretary of State to, and doing, business in Rhode Island.

9.

The Defendants J Doe #1 and J Doe #2, alias, are employees or agents of Stellar whose
true identities are unknown to the Plaintiff but are known, or knowable, to Stellar.

Application of FDCPA
10.

At all times relevant to this Complaint, Stellar was engaged in the business of regularly
collecting Debts, origirially owed to third parties, using the telephone to communicate
with residents of Rhode Island.

11.

At all times relevant to this Complaint, J Doe #1 and J Doe #2, were engaged in the

business of regularly collecting Debts, originally owed to third parties, using the
telephone, to communicate with consumers.

12.

At all times relevant to this Complaint, Stellar was a "Debt Collector" as defined by the
FDCPA at 15 U.S.C. 1692a (6).

Case 1:14-cv-00366-S-PAS Document 1-1 Filed 08/15/14 Page 8 of 15 PageID #: 12

13.

At all times relevant to this Complaint, J Doe #1 and J Doe #2 were "Debt Collectors" as
defined by the FDCPA at 15 U.S.C. 1692a (6}.
I

14.

Within the past year Stellar placed phone calls to the Plaintiff, and engaged in telephone
conversations with the Plaintiff or her spouse, while acting as a Debt Collector attempting
to collect an alleged debt from the Plaintiff.

15.

Within the past year J Doe #1 and J Doe #2 placed phone calls to the Plaintiff. and
engaged in telephone conversations with the Plaintiff or her spouse, while acting as Debt
Collectors attempting to collect an alleged debt from the Plaintiff.

16.

The alleged debt that gave rise to the telephone calls arose from purchases of goods or
services primarily for personal, family or household purposes. (Hereinafter the alleged
debt shall be referred to simply as the Debt.)

Facts Common to All Counts

17.

In late 2012, and early 2013, an unknown person, or persons, used the Plaintiff's personal
information and good credit to fraudulently open a number of financial accounts in
Florida and possibly Georgia. When the fraudster did not pay on the accounts, debt
collectors tracked the Plaintiff down in Rhode Island and tried to collect their money
from her. The Plaintiff learned of the fraud in or about June 2013 and reported the crime
to the police. The Plaintiff also enlisted the aid of an attorney to help straighten out the
mess.

Case 1:14-cv-00366-S-PAS Document 1-1 Filed 08/15/14 Page 9 of 15 PageID #: 13

'

18.

In January 2014, Stellar was registered with the Rhode Jsland Department of Business
Regulation (DBR) to engage in the business of debt collection in Rode Island.

19.

To obtain the registration, Stellar had honestly completed the paperwork the DBR
required.

20.

The DBR paperwork asked SteJJar to list the locations of its offices.

21.

Ste1lar did not list any offices in Rhode Island.

22.

Stellar has never had an office in Rhode Island.

23.

401 is the area code assigned to Rhode Island.

24.

On January 8, 2014, Stellar, acting by and through J Doe #1, called the Plaintiff's home
telephone number in Rhode Island attempting to collect the Debt.

25.

Stellar did not place the call on January gh from within Rhode Island.

26.

Had the Plaintiff answered Stellar~s call on January 81\

she would not have been

connected to someone in Rhode Island.

27.

During the call on January 81h, Stellar caused the following number to be displayed on the
Plaintiffs caller-JD: 401-519-9942.

28.

401-519-9942 is not a number Stellar presently controls.

29.

During the call on January 81\ Stellar caused the Plaintiff's caller~ID to not display its
name.

30.

During the call on January 81h, Stellar suppressed .its name so it would not be displayed on
the Plaintiffs caller-JD.

31.

During the call on January gh~ Stellar could have caused its name to be displayed on the
Plaintiff's caller-ID.

32.

No one answered the Plaintiff's phone when Stellar called <?n January gh.

Case 1:14-cv-00366-S-PAS Document 1-1 Filed 08/15/14 Page 10 of 15 PageID #: 14

f

33.

Because no one answered on January 81\ Stellar left a message asking for a call back at
877-936-1168.

34.

On January 8, 2014, Attorney Joanne Faulkner contact Stellar, identified herself to

Stellar, informed Stellar that she represented the Plaintiff regarding the Debt and
informed Stellar the Debt was the result of fraud.

35..

On January 9, 2014, Stellar, acting by and through J Do~ #2, called the Plaintiffs home
phone number attempting to collect the Debt.

36.

During the call on January 91h, Stellar caused the following number to be displayed on the
Plaintiff's caller-ID: 401-536-9976.

37.

That number was different than the number it caused to be displayed on the gh.

38.

Stellar did not place the call on January 9th from within Rhode Island.

39.

Had the Plaintiff answered the call on January 91\ she would not have been connected to
someone in Rhode Island.

40.

During the call on January 9th, Stellar caused the Plaintifrs ca11er-ID to not display its
name.

41.

During the can on January 91h, Stellar suppressed its name so it would not be displayed on
the Plaintiff's caller-ID.

42.

During the call on January 91, Stellar could have caused its name to be displayed on the
Plaintiffs caller-ID.

43.

Stellar suppressed its name when it called the Plaintiff intending the recipient to not know

it was Stel1ar calling.

Case 1:14-cv-00366-S-PAS Document 1-1 Filed 08/15/14 Page~ ~'11, ' of 15 PageID #: 15

44.

Stellar caused the 401 number to be displayed when it called the Plaintiff intending the
recipient to believe he or she was receiving a call from a person or business located in
Rhode Island.

45.

Stellar believed that, by displaying the 401 number when it called the Plaintiff, the
recipient would believe he or she was receiving a call from a person or business in Rhode
Island.

46.

Stellar believed that, by displaying the 4Ql number when it called the Plaintiff, the
recipient might believe he or she was receiving a call from a person or business in Rhode
Island.

47.

Stellar knew that, by displaying the 401 number when it called the Plaintiff, some
recipients would believe they were receiving a call from a person or business in Rhode
Island.

48.

In Stellar's experience, the recipients of its debt coUection calls have been more likely to
pick-up and answer the calls when Stellar caused the recipients' calier-ID's to display
phone numbers with the same area code asthe recipients rather than Stellar's 800, 888
and/or 877 phone numbers.

Count 1 - FDCPA - Communicating with Represented Debtor

49.

The Plaintiff reasserts the facts and allegatfons contained m all of the proceeding
paragraphs and incorporates them into this Count.

Case 1:14-cv-00366-S-PAS Document 1-1 Filed 08/15/14 Page 12 of 15 PageID #: 16

.~

50.

. . ,

l'

The Defendants Stel1ar and J Doe #2 violated the restrictions the FDCPA places on Debt
Collectors when they were communicating with the Plaintiff.

51.

The restrictions are codified at 15 U.S.C. l 692c (a).

52.

The Defendants Stellar and J Doe #2 did the following which the Plaintiff asserts gave
rise to the violations: communicated with the Plaintiff knowing an attorney .was
representing her and having, or being readily able to ascertain, the attorney's name and
address in violation of l 5 U.S.C. I 692c (a)(2).

53.

The Plaintiff suffered damages as a result of the Defendants's conduct described in this
Count including emotional distress.

Wherefore, the Plaintiff requests judgment against Defendants Stellar and J Doe #2 for
actual damages pursuant to 28 U.S.C. 1692k (a){I ), statutory damages in the amount of $1,000
pursuant to 28 U_S.C. 1692k (a)(2)(A), costs and attorney fees pursuant to 28 U.S.C. I 692k

.(@, and for such other relief as the Court may deem just and appropriate.

Count 2-Federal FDCPA-False/Misleading Representations

54.

The PJaintiff reasserts the facts and allegations contained m all of the proceeding
paragraphs and incorporates them into this Count.

Case 1:14-cv-00366-S-PAS Document 1-1 Filed 08/15/14

Page 13 of 15 PageID #: 17
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55.

..

I ~

f'

l: .

Each Defendant violated the restrictions the FDCPA imposes on them prohibiting them
from making false and/or misleading representations.

56.

. 57.

The restrictions are codified at 15 U.S.C. 1692e.

The Defendants did the following which the Plaintiff asserts gave rise to the violations:
caused the Plaintiffs caller-ID to display phone numbers starting with 401 area codes,
while at the same time not displaying its name, even though the calls were not place by
anyone in Rhode Island and even though had the Plaintiff answered the calls she would
not have been connected to anyone in Rhode Island and such conduct therefore
constituted the use of false representations or deceptive means to attempt to collect the
Debt in violation of15 U.S.C. l692e(l0).

58.

The Plaintiff suffered damages as a result of the conduct described in this Count
including emotional distress.

Wherefore, the Plaintiff requests judgment against each Defendant for actual damages

pursuant to 28 U.S.C. 1692k (a)(l), statutory damages in the amount of $1,000 pursuant to 28
U .S.C. ] 692k (a)(2)(A), costs and attorney fees pursuant to 28 U.S.C. l 692k (a)(3), and for such
other relief as the Court may deem just and appropriate.

Case 1:14-cv-00366-S-PAS Document 1-1 Filed 08/15/14 Page 14 of 15 PageID #: 18

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Count 3 - State - Invasion of Privacy

59.

The Plaintiff reasserts the facts and allegations contained in all of the proceeding
paragraphs and incorporates them into this Count.

60.

The cal1 Stellar and J Doe#2 made to the Plaintiff intruded on the Plaintiff's physical
solitude and/or seclusion at her home.

61.

Her home was a place entitled to be private and/or would be expected to be private.

62.

The call was offensive and/or objectionable to a reasonable person.

63.

The call was intentional, malicious and outrageous.

64.

As a result of the Defendants' conduct, the Plaintiff suffered damages including

emotional distress.

Wherefore, the Plaintiff requests judgment against Defendants Ste1lar and J Doe #2 for
l) actual damages; 2) costs and attorney fees pursuant to RlGL 9-1-28.1 (b); 3) punitive damages;
and 4) such other relief as the Court may deem just and appropriate.
Andrea Bien,

ByCoun~
Citadel Consumer Litigation, P.C.

Case 1:14-cv-00366-S-PAS Document 1-1 Filed 08/15/14 Page 15 of 15 PageID #: 19

John T. Longo, Esq./#4928

996 Smith Street

Providence, RI 02908
(401) 383-7550
Fax (401) 537-9185
jllongo@citadelpc.com

Jury Demand

The Plaintiff demands a trial by jury on eac~ount.

. Longo, Esq./#4928
My File ft: FD 3909