martin v cellco verizon vantage sourcing llc answer tcpa fdcpa.pdf

7/27/2019 Martin v Cellco Verizon Vantage Sourcing LLC Answer TCPA FDCPA.pdf

http://slidepdf.com/reader/full/martin-v-cellco-verizon-vantage-sourcing-llc-answer-tcpa-fdcpapdf 1/33

Case: 1:12-cv-05147 Document #: 23 Filed: 08/28/12 of 33 PageID #:76

IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLOIS

EASTERN DIVISION

NCOLAS MARN,

Painif,

vs

CLLCO PARNRSHIP, /a VERIZONWRELESS; VANAGE SOURCING LLC;MIRACLE FNANCAL, NC., ad CRDITBURAU OF NAPA CONY, NC, /a/CHASE ECEVABLES,

Deedats

))))

))))))

)))

CASE NO. 202 CV 57Judge Road A GuzmaMagsate Sheia M. Fiegan

VANTAGE SOURCING LLC'SANSWER AND AFFIRMATIVE DEFENSES TO THE COMPLAINT

NOW COMS dedat Vatage Soucig, LLC (Vaage), by its atoeys,

Gozdeck, Del Giudice, Ameicus & Farkas LP, ad staes as lows r its Aswe ad

Armative Deeses to the Compan ed by paiti Nichoas Marti (Pai')

INTRODUCTION

Plaitif Nichoas Mti, proceedigpro se, brgs this actio to secure redressagaist dedats r vioao o he Tehoe Cosumer Poectio Act, 47 USC. § 227 etseq (CP A") ad implemeig regatios ad ordes nd the Fair Debt Coectio PracticesAc, 5 USC §692 et s. (FDCPA") Paitif aso requests hat his court issue adecaratoy judet.

ANSWER

Vanage admits Plaiif is proceedg pro se ad Paitif caims certain pupoed

oatios o he eephoe Cosumer Protectio Act, 7 USC § 227 et seq (CPA) ad

specic provisios o the Fair Deb Colectio Practices Ac, 5 .SC § 692 et seq

(FDCPA) Vaage deies it violated the TCPA ad/or he FDCPA ad deies the remaiig

aegatios i tis Paraaph

1




2 Paint aeges hat a wres poe cre attpted o chge plain esa wee no conempated by way of aeemen o conac The weess phone cae tenhed debt coecos wo voaed aws n e aemps to coect a debt tat wan' acuay due

and owng.

ANSWER:

To e ext Pan s eng to Vanage n ts Paaap, Vanag adms woked

w Vezon o coec a outsandg amount due o Veon om Pan Vage acks

owedge o naon sucen o a eef as o te t o sty of te emanng

aegatons n hs Paagap

JRISDCTON AND VENUE

3. Ts Cou as dea queson jusdcon ove pants FDCPA and TCPAcams pusuan to 28 USC § 1331. Ths cou has suppemena jusdcon ove pantseuest a decaatoy juden pusuat o 28 SC §1367.

ANSWER

Vanage adms jusdcon s pope Vanage denes he emanng aegaons of hs

Paap

Venue s pope n ts Dsc because te wong acts gaged m bydendans occued n s Dsc

ANSWER

Vanage admts venue s pope n te Noe Dsc of Inos, East Dvson

Vanage denes te emanng aegaons of ths Paap

ARTIES

5 Pan s an ndvdua ha esdes n he Nohe Dsc of nos Pansceua eephone poe nume s 630-xx-32

ANSWER

Vanage acks owedge o naton sucen o m a beef as o e h o

2




siy e aegatis i tis Paagrap

6 Deedat Cec Paesip /a Veri Wireess "Veriz") is a geera

persp rgaized uder te aws he sate Deawae It is cmpised w pares:Veri Cmmuicas Ic. d Vdae Grup PLC Verz pvides wieesscommuicai services t busiesses ad csumes. Veri's eadquaes ae i BmisterNew Jsey

ANSWER

Vatage acks wedge r a suciet rm a beie as he trth

siy he aegatis i his Paragrap

7 Dedt Vatage Surcig LC "Vatage Surcig" is a debt cec ashat term is deed by 1 5 U.SC § 1 692a6) t as ces D Aabama

ANSWER

Vatage admits i as ces i Dta Aabama Vatage admits i is i te debt

ceci busiess ad services cerai credirs e cecti teir utsdig accuts

Vaage acks kwedge r irmati suciet t rm a beie as t te u asity te

remaiig aegas i s Paagrap

8 Deda Miace Ficia c "Mirace Fiacia") is a debt cecr as atterm is deed by 15 US.C § 1692a6 as ces i Pymut Massacusets

ANSWER:

Vaage acks wedge r irmati suciet t rm a beie as t e th r

asiy te aegais i this Paagrap

9 Dedat Ced Bureau Napa Cuy Ic D/B/A Case Recevabes ("CaseReabes" s a deb coec as a te s de by 5 USC § 692a6 as c iSma Caiia

ANSWER

3




Vaage lacs wledge r rma suce a bele as he r

asy he allegas hs Paaaph

FACTUAL ALLEGATONS

0 O ebruary 12, 201 1 paf eed a aeeme wh Vr pvideweless serce hs w pesa se

ANSWER

Vaage acks wedge a suce a bele as he h

alsy the alegas hs Paaph

1 . Accdg the es e aeme bewee paf ad Verz, plawas eed cacel he re agreeme wh 30 days acvag sevce:

ANSWER

ca cace ( yu'e a ew csmer ad assumg aher sm'sserce WITHN 30 DAYS accepng Yu sl be espsble hugh hadae e ew serce ad ay charges asscaed w

Vaage acks kwedge r rma suce a bee as he h

asy he aegas s Paaph

12 Usased wh e sece prvd by Verz plati caceed hs celulaserce Mch 8, 201 , by prtg hs phe umber athr wreless caer

ANSWER

Vaage lacks kwledge rma suce rm a ele as he h r

asy he alegas hs Paagaph.

13 . O March 9 201 1 , plaif mal a le Vz cg a he hadcaceed hs sevce ag wih he a payme he accu. Exhb A

ANSWER

4




Vanage admis Exhibi A o he Complan puos to be a let o Pan o Celco

Paershp, /b/a Verzon Wireless ("Verzon) daed Mch 9 201 n whh Pain

atmps o cance hs wreless elephone seie wi Verizon. Vantage lacks knowledge or

naion sucnt to a beef as to he th or fal sty of the reaning alegatons in th s

Paaph

14. Accordng o e Unid Sates Posal Sce Verzon receved plants leteron Mch 20 Exhbi B

ANSWER

Vanage adms xhbt B to the Copain purpots o be a Unied Posta Sece recep

dated March 20 regarding deery of Pains pored Mch 9 20 leter o

Veizon Vanage laks owdge or nmation sucen o m a bele as to e or

fasy of he rmainng allegaons n is Pagraph

5 Plain enlosed a deailed tmzaon of e harges he was esponsbe r under he agmnt

ANSWER

Vanage laks knowledge or nrmation suin to a belef as o e u or

siy of e alegaons in is Paagraph.

6. Veizon deposed painis al payen check and the nds leaed planscheking aoun.

ASWER

Vaage lacks kowledge or naon sucen o m a belief as o he th or

fasiy of he aegaons n hs Paaph

17. lgh of he above s plain hus canceled he etre aemen wth

5




Verion

SWER:

Vnge lcks knowedge or inrmon sucen to belef s o te t or

sty o te legons n s Pr.

8 e Mrc 9 201 leer int lso exressy revoked ny consen e mg e rovded o Verion o cll s cell one number:

SWER:

Pese remove my cel one numb 630-xxx-327 om your dtbse s do no ws o recee one clls regding s ccoun Pese drec ll recoesondence to e os oce box ddress I ve lsed o is leter .

Vntge dms Exbit A o e Comin conins te guge sted in s

Pr Vnge denies Pln revoked ny consent o cl is teleone number regding

s Verion ccount Vnge lcs owledge or nmon sucent o m belef s o

te r o r lsty of e remning llegons i n is Pgr

9 Notwsndng e c lnt led e es o te greemenVerzon sen n invoice o lin dted Mrc 6 20 wc emted to crge lnti nerly ermnon e n te moun of $340 resockng e djusen n e mon of$35 nd vrous xes comued bsed on te ssessmen of tese ddon crges

SWER

Vnge lcs owledge or non sucien o m belef s o e or

lsy o te legions in s Pgr.

20. Pn nd Von ne e e ssessm o suc fees.

SWER

Vntge lcks owledge or nmon sucien o m beief s to te or

sy of e llegtons n is P.

6




N PLACES T ACCOUNT WITH VATAGE SOURCG

2 Verzon assied he alleged deb r collection wih Vanage Sourcng n orabou March or April 201

ANSWER

Vanage adms i sarted asssing Verzon ih atempng o bring Plainis Verizon

accou curren during Mch o Aprl, 20 Vanage lacks knowedge o inrmaion sucen

o rm a belief as o he ruh or lsiy of wheher Plains ousandng accoun \th Verion

esuled n a deb and whehe Vanage is a "deb coecor as hose erms e dened by the

DCPA Vnage denies the remaining alegation n this Paraaph.

22 Any such deb ha Vanage Sourcng would have been attemptig o colecwould have been ncued r pesonal amly or househod puoses

ANSWER

Vanage admis i worked wih Verizon o coec an ousanding amoun due o Verizon

om Plaini Vanage lacks knowledge o inmaon sucien o a belief as o he rh

or lsy o he remaining allegations in this Paaaph

23 Vanage Sourcng uses one o more predicve daes as ha e is den bythe ederal Communicaons Commssion.

ANSWER:

Vnage admis i uses certain ehone daers in is collecion business Vanage

neier admis nor denies whether is dialers are "pedcive dialers

as dened by he Feral Communcaons Commssion because ha allegaon calls a legal

concluson.

2 Vanage Sourcng's pedicive dialer has the capacy o dial phone numbes

7




wtou human intetion.

ANSWER

Vantage admits it uses ceta telhone dars ts busess tat ave te capacity o

da teephone numbers wtout um ereon a te poi of contac Vnage nether

admits nor dees whee ts daers are "predctive diaers as dened by the Federa

Communicatios Commisson because that aegaio cas r a egal cocusion

25. Vtage Sourcng's prictve daer as e aby o pay a essage hat been recoded ead of ime duing a conected phone c.

ANSWER

Vntage adms uses ceai teephoe diaes n its busiess that ave e capacty to

pa a record message Vtage neer admts no denes wheter its daers ae "predcive

diaers s deed by e edea Commucatons Commssio because tat aegaton cas r

a ega cocusion.

26 Vantage Soucng's predctYe dae is a automatc teepone daing sysem asa em s de y e TCPA ad e ea Commicaos Comissio.

ANSWER

Vatage admits i uses ceran teepone daes n ts busess Vantae neith adits

no denes weer ts daes e "predicive diaers or automatc teone diang sysems as

deed by the TCA and/or Fea Communcaios Commsso because those aegations

ca r ega cocusions.

27 IApi 201 , Vage Sorcg egan pacng cas to pats cel phoe

ANSWER

Vatage admits i stared pacng teone cas o at durng Apr 21 Vantage

8




lacks owdg or nrmaon sucen to m a blf as to tt o falsy of wt t

elon numbr t dald to contact Pant was a cellular teleon.

28. Vantag Soucng aced telone calls o lants cell on number 630-xxx-

3271 on at ast t lowng occasons (ll tmes re n C.S)

a 04/2/20 1746

b. 04/23/201 2048

c. 04/27/201 250

d 04/29/201 119

05/03/2011 54

f 05/05/201 6

g 0/07/201 534

. 0510/2011 1412

1 05/12/201 45

j. 05/4/201 17:17

k 057/201 1829

1. 06/03/20 111

m. 06/06/20 56

n 06/06/20 84

0. 06/08/201 155

p. 06/10/20 1206

q. 06/13/201 605

r . 06/5/20 346

s 06/7/201 1413

. 06/17/201 619

u. 06/212011 1102

v 06/23/20 014

w 06/28/2011 1101

NS

Vage adms t laced on cals o Planti on or around t dats and ms

sa n s Paraa. Vantag lacks knowdg or naton sucent to a blf as

to t t or falsty of weter te stated on numbr n ts Paraa was a) t number

Vanag dald because cean nubes ar dactd, nd b) assd to a ca one

dring t tim a ssu.

29. e aboe s of cals Vntag Soucng lacd to lant s not nclus Tere

9




may b oh calls a wll b ascan ough scovy.

ANSWER

Vanag amis i pac lphon cals o ain on or rou as an ims

sa in aaaph 28 Vanag aso ins 06/17/20 190 C.S as a a an im

Vag cal ainf Vanag lacks knowlg or inaon sufcin o a blf as

o h or fasiy of whhr rh calls w plac o aini om Vaag

30. On naon an bi Vanag Sourcng us on of ir prciv iars o ma ach of h phon cals o plain is abov.

ANSWER

Vanag ams i plac cain phon cals o lani lis in aaph 28 of

h Complain. Vanag ams i us can lphon iars o cal laini. Vanag nih

amis nor nis whhr such ars wr/ar "priciv ialrs as n by h al

Communicaions Commisson bcaus ha algaion calls r a lgal conclusion Vag lacks

knowlg or naon sucin o m a blf as o or falsy of whhr h

pho nmb o conac a was a cua phon

31. A huma bing i no manualy ial h calls ha Vanag Socing plac o plainis cl phon.

ANSWER

Vanag amis a i plac cran lhon cals o lani lis in aagaph 28

of h Compain Vanag amis can of is iars plac h lhon calls o ani

wiou human nnion a h pon of conac. Vanag acks knwlg or nmaon

sucn o m a blf as o h or siy of whh pon numbr i al o

conac an was a clul lphon.

C 1 12 05147 D t # 23 Fil d 08/28/12 P 11 f 33 P ID # 86




2 Vanage Surcng played a message during is phne calls plan ha had been recrded ahead me

SWER

Vanage acks wedge r nrmain sucien a beie as he r

lsy wheher he ehne number i dialed cnac lnti was a celul elhne

Vanage admis he remainng alegains n s aaph

Vanage Surcing uiled echnlgy whch alws r he insern aricial vice in he messages played during is phne cals plaini

SWER:

Vanage admis i paced cerain elephne cals aini as ised in araaph 28

he Cmplain Vnage adms is dalers played a recrded vice message lain during

Vanages cals Vanage neher adms nr denes whether i used an "aricial vice, as

deed by he TC A durig is messages lani ecause ha alegain calls r a lega

cnclusin.

4 Al he calls ha Vage Surcing placed plains cel phne were madewithu plans cnsen

SWER

Vanage admis i paced ceran eephne cals lain as lsed n aragraph 28

he Cmplan. Vanage lacs knwedge r inain sucien a ele as he h

r alsy wheher he elhne numer i dialed cnac an was a cellular eephne

Vanage denies he remaining alegains n hs araaph.

5 All he messages played by Vanage Surcng during heir phne calls plaini dd n prpery ideniy he caer's ideniy. This was he case n he June 28 2

phne cal.

11

Case: 1:12 cv 05147 Document #: 23 Filed: 08/28/12 Page 12 of 33 PageID #:87




ANSWER:

Vntage admits i placed certain telhone calls to Plaint as listed in Paaph 2 of

he Complant Vtage denes the emaning alegations in ths Paaph

36 All of the messages played by Vantage Soucing duing their phone cals to plain i to discose that e communication was om a deb colecto hs was the caseon the ne 2 201 phone cal

ANSWER

Vtage admits i plac cetain telephone cals to Plainti as sted in Paaph 2 of

the Complaint. Vantage denes the emaining alegations in this Praaph

37. Vantage Sourcing mailed a lete dated May 6 201 to plaint whchatempted o collec an aleg de owed o Veizon in he amount of $45773. Plainti eceivedthis etter on May 19 2011.

ANSWER

Vnage admits it woked wih Veion to collect an outstnding amoun due to Veion

om Pan Vanage lacks knowledge o nation sucien to a belief as to the th

o falsity of when Plainti eceved he May 16 ete and whehe Plaints otsanding

accont with Veizon resulted n a "de as dened by the CPA Vnage denies ny nd al

allegations andor interetations inconsisten with its une 29 ett

3. Planti dispted the aleged debt via a lete sent o Vntage Sourcing on June10 2011 Ehi C

ANSWER

Plain admis he let atached to the Compan s Exhii C is daed ne 10 2011.

Vantage admits Panti dispued the aleged ousandng amont he owed to Veizon Vantage

lacks knowledge or inaton sucent to a beief as o he th o lsty of the

2

Case: 1:12-cv-05147 Document #: 23 Filed: 08/28/12 Page 13 of 33 PageID #:88




remainng allegations in his Praaph.

39. Accoding o e Unied Sates Posal Sice, Vaage Soucing received hs lete on Jue 3 2011. Exhibit D

ANSWER

Vaage admits Exhibit D o he Compain puos to be a nited Postal Seice

recept, daed Jue 3 201 egardng delivey of he Plainis lee Vaage lacks

owedge o inmaon sucien to m a beief as o the h o falsiy of the remanng

alegations of this Paaaph.

40 In he let pn sat: I m in eceip of you collecon noce dated May16 201 I dispue the vaidiy of he aleged deb Please sate wth speciciy how you avedat the amoun you cam I owe If you conend that I owe money an ealy teminaton e,

plee proide a copy of he ageement that I enteed into at provdes r such a e

Pease direc al e correspondece o the addess listed atop hs lee

ANSWER:

Vntage admis Exhbi C to the Complain contains the gage in hs Pagaph

Vantage admis it worked wih Vrzon to colect a outstading amou due to Vron om

Plain Vntage denies Pain revoked his consent o be called on his telephone numbe

egding his Veron Accout Vaage acks owledge o inmaon sufcien o rm a

belief as o he h o siy of the emaning alegaions of is Paaaph

4 Notwhstnding the ct hat Vaage Soucng was in eceipt of planfs debdispue ad had not y povided vaidaion of he aleged debt, Vaage Soucing conued to place colecon calls o painis cel phone as specied in cals q-w specied in paaaph 28 of this complai

ANSWER

Vanage admits i placed elphone cals to Planti as lised in Pragaph 28 of he

13




Case: 1:12 cv 05147 Document #: 23 Filed: 08/28/12 of 33 PageID #:89

Coman. Vanage adms lan dsed hs alleged osandng accon wh Vezon

Vanage lacks owledge o naon scen o rm a belef as o e h or ls of he

emanng allegaons of s agah

2 Vanage Sorcng sen a ete o la daed Jne 28, 2. he eer's osrk ndcaed a dae of Je 29, 2.

NW

Vanage adms sen a leer o lan daed Jne 28, 2 Vanage acks knowedge

or naon scen o a belef as o he h o fas of he remang alegaons n

hs aragrah.

43. lan receved hs le on J 2 2.

NW

Vanage lacks knowledge or naon scen o m a belef as o he h or

fals of he allegaons n hs ragrah.

44. he Jne 28, 2 leer saed among ohe hngs:

Or oces ae rece of or lee of dse and res vercaon rsan o 5 USC 692g of he ar Deb Colecon racces Ac ease beadvsed we haYe conaced o cle Vezon reess who has nvesgaedor cam and creds have been aled o o accon he coeced alances lsed elow. I addon lease nd e roof of he de aached.

NW

Vanage adms he qoed ex n hs agah was saed Vanages Jne 29 2

leer Vanage denes an and all alegaons d/or nereaons ncossen wh s Jne 29

leter.

45. Vaage Sorcng saed a he new deb amon was $59.93 he ee does

14




g g

ot stae how he aleged debt was reduced om $457.73 o $59.93.

ANSWER:

Vantage admits Patis accou ith Verzo was reduced to the $59.93. Vatage

lacks owedge o irmatio suciet o m a belef as o the trth or fasy of wheher

Platis outstadig accout wh Veio resuled i a "debt as deed by he CP A.

Vatage deies any and al alegatios ad/or ierpetaos icosstet wih its ue 29 leter.

46 Ecosed wth the ete were two accout satemets om Veizo da March16 20 and Febry 16 201 Vantage Sourcig highlghed i yelow ctai gures om

he satemets but hose gures do ot add up o $59.93.

ANSWER

Vatage acks owledge or irmato sucie to m a belef as to the th or

lsy of he alegatos i this Paaaph

47 Pai was cosed as to Vaage Soucigs epaatio of the ew alleged

debt amout.

ANSWER:

Vatage lacks owledge or irmaio suciet o a beief as o he th or

falsity of the allegatios i this Paraaph.

VERZON PLACES THE ACCOUNT WTH MRACLE FNANCAL

48. Veio assigned he alleged deb colectio with Mracle acial i orabout uy 2011.

ANSWER

Vatage oes o answer to s Paraaph because i is ot diected to Vaage

49. Ay such deb tha Miracle Facial would have bee atemptig to colecwould have bee cued r pesoal family or household puoses

15




ANSWER:

Vanage oers no answer o his Paraaph because i is no dreced o Vanage.

50. Mirace Fnacia sen a eer daed Juy 28 2011 o pain o coec anaeged deb owed o Verion in he amoun o $73.1 .

ANSWER:

Vanage oers no answer o his Paagaph because s no dreced o Vanage

51. Pain receved hs eer on Augs 4 2011

ANSWER:

Vanage oers no answer o his Paragraph because i is no direced o Vanage.

52. In he eer Mirace Financia caims ha here is a prncipa baance due o$5993 and VZ coecon es due i he amoun o $1318

ANSWER:

Vanage oers no answer o hs Paraaph because i is no direced o Vanage.

53. Such a e equas appoimaey 22 pece of he aeged principa baace due.

ANSWER:

Vage oes no answer o hs Paaph because i is no direced o Vanage

54 Mirace Financa was no enied or auhoried o chge or aemp o coecsuch a e.

ANSWER:

Vnage oers no swer o his Paragraph because i is no direced o Vanage

55 Pani se a eer o dispue o Mirace Financia on Augus 18 2011

ANSWER:

Vanage oers no aswer o his Pagraph because i is no direced o Vanage.

56. Paini did no receve a eer om Mrace Fincia which vaidaed he deb.

ANSWER:

16




Vanage oes no answe to his Praaph becase i t is no dieced o Vantage.

57 Upon information and belief, Miracle Finanial did not send a valdation letter toplanti

ANSER:

Vanage oers no answer o this Paagaph becase it is no diected o Vantage.

VERIZON LACES THE ACCOUNT ITH CHASE ECEIVABLES

58 Veizon assied he alleged debt collection wi Chase Receivables in oabo Janay or Febuy 202

ANSER:

Vanage oers no answ o is Praaph becase i is no dieced o Vanage.

59 Any sch debt at Chase Receivables wold have been atemping to collec wold have been inced pesonal, fmily, o hosehold pposes.

ANSER:

Vanage oes no nswe o this Pagraph becase i is no dieced o Vantge.

60 Chase Receivables ses one o moe "pedicive diales" as hat em is dened by he Federal Commnicaions Commission.

ANSER:

Vnage oers no answer o is Paagaph becase i is no dieced o Vanage.

61 Chase Receivable's pedictive diale has he capaciy o dial phone nmbes wiho hman inevenion.

ANSER:

Vanage oes no answe o is Pagaph becase i is no diected to Vanage.

62 Chase Receivables predictie diae has e abiliy o pay a message ha has been ecoded ahead o time ding a conec phone cal.

ANSER:

Vanage oes no answe o his Pagaph becase i is no dieced o Vanage.

17




63 Vantage Soucing's pedictive dialer is n automatic telephone dialing system" asthat te is dened by the TCPA and the Federal Communicatons Commission.

ANSWER

Vantage ofers no answer to is Pagaph because it is not directed to Vantage.

64 Chase Receivabes placed teephone calls to plaintis cell phone numbe 630--327 on at least the llowing occasions (all times ae in CST):

a. 0202202 1140b. 02/03/202 0822c. 02/04/2012 10:9d. 02/06/2012 08:32e. 02/07/2012 1922

. 02/09/202 1027g. 02/10/202 1738h. 02/112012 19I 02/14/2012 0:3

J. 02/5/2012 08:11k. 02/6/2012 1059

ANSWER:

Vantage ofes no nswer to this Paagraph because it is not diected to Vantage.

65 The above list o calls that Chase Receivabes placed to plaintif is not inclusiveT may be other cals that wil be ascetaned thou discovey.

ANSWER:

Vantage oers no answer to this Paragraph because it is not diected to Vantage.

66 On inmation and belie, Chase Receivables sed one o thei pedictie diaesto make each o the phone cals to plaintf listed above

ANSWER:

Vantage oers no answe to this Paagraph because it is not diected to Vantage.

67 A humn being did not manually dial the calls that were pac to paintis cell

phone listed above.

ANSWER:

Vantage ofes no answer to this Paragraph because it is not directed to Vantage.

8




68. Case Receivables layed a message ding is one cas o an a ad been ecod aead o ime

ANSWER:

anage oes no answe o s Paa because i is no dieced o anage.

69 Case Receivables ilied ecnology wic allows e isetion o acal voice in e messages i layed ding is one cals o lan

ANSWER:

nage oes no nswe o s Paaga because is no dieced o anage

70. All o e calls a Case Receivables laced o lainis cel one wee madewiou lainis consen

ANSWER:

anage oes no answe o is Paaga because is no dieced o anage

71 Al o e messages layed by Case Recevables dung ei one cals o lain did no ideni e calles ideniy.

ANSWER:

anage oes no answe o is Paa because i s no deced o anage

72. Plaini did no eceve a noce om Case Receivabes wic exlained eon o e deb and e cedio o wc e alleged deb was owed

ANSWER:

nage oes no answe o is Paaa becase i s no dieced o anage

73 on inoaon d belie Case Rvables ne s a noce o ln wcexn e oun o e deb d e wic e leg deb w ow

ANSWER:

anage oes no answe o s Paaa becase i is no diec o anage

9




COUT I -F DEBT COLLECTION PRACTICES ACTAGASTVANTAGE SORCG)

74 Painf ncraes aahs 1 -73 abve

ANSWER

Vanage incaes is Answers Paraahs 73 ave

7 5 The FDCPA, 5 USC § 692e, rvides, n erin

ANSWER

A debt coector may not engage any conduct the natura consequence of which is to harass, oppress or abuse any person in connecon with ecolection of a det Wout miing the genera appicaon of the regoing,

the owing conduct is a vioaon of s section***

() Except as proded in secon 9b of ths te, the placement ofteephone cas without meaningfu discosure of the caler's ideny

Vanage neiher adms nr denes he allegains n his Paah because hey ca r

lega cnclusins T he een an nswer is requred, Vanage denies he allegains cnain

in is Paraah accuaely characerie he naure, sce and bligains he FDCPA when

read as a whle

76 Dendan Vanage Surcing vilaed 5 USC § 1 692e(6 when i lacedeehne cas ani and did n discse he acua ideny he caller

ANSWER

Vanage denies e alegains in hs Praah

COUNT II -FAIR DEBT COLLECTION PRACTICES ACTAGAINSTVANTAGE SOURCING

77. Plain incraes araahs 1-73 abve

ANSWER

Vanage incraes s Answes Pagrahs 1 73 ave




78. The FDA, 5 US § 692e, povides, i peet pat

ANSWER:

A debt colector may not use any se, decepive, or miseading

representation or means in connecon wih he colecion of any deb Wthout imiing the genera applicaon of he regoing, he lowngconduct s a voaon of ths secon:***

( The faiure to discose in the na writen communcaon with heconsumer and, n addion, if the nitia communicaon wih he consumer sora, in that inial ora communicaon, that the debt coector s attempngto colec a debt and at any inrmaon obtained w be used r that purpose, and the ilure to discose in subsequent communicaons that hecommunicaon is om a debt coecor, except that this paragraph shal not

appy to a formal peading made n connecon wih a ega action

Vantage eihe admis o dees he alegatios s aaaph because hey cal

egal cocusos. o the ee a aswe is ued, Vantage deies the alegatios coaed

i his aaaph accuately chaacteie the ae, scope, ad obigatios o the FDA whe

ead as a whole.

79. Deedat Vatage Socing violat 5 US § 692e( whe i placedtelhoe calls to plati d played peecoded messages which did ot cotai the wgequied by 5 US § 692e( .

ANSWER:

Vaage denies the alegatios i ths aaph.

COUNT -FAR DEBT COLLECTON RACTCES ACT(AGANSVANTAGE SOURCNG

80. laif icopoaes paaaphs -73 above.

ANSWER

Vanage icopoates its swes to aagaphs 73 above.




8. he DCPA 5 USC § 692gb ), rovides, n etnent art

ANSWER

(b) Disputed debts

f the consumer noes the deb coector in wrng within e hiryday period descrbed in subsecon (a) of his secon that he debt, or any poronthereof, is disputed or tha the consumer requess he name and address ofthe original credtor, the debt coector shal cease coecon of the debt, orany disputed poron thereof, un the debt colecor obtains vericaon ofthe deb or a copy of a judgment or the name and address of e originacredtor and a copy of such vericaon or judgment, or name and addressof he original credior, is mailed to the consumer by e debt colectorCoecon acvies and communcaons that do not oherwse voate hissubchaper may connue during he 3day period referred to in subsecon

Vantage neithe admits nor denes the alegations in this Paaah because they cal r

egal concsons. o the extent an answe is requied, Vantage denies the allegations contained

in this Paraah accuately chaacteize the nature, scoe, and oblgations o the FDCP A when

read as a whole.

82. Dendnt Vntage Sorcng voated 5 USC § 692gb whe it did not ceasecollection o the debt aer it was n recet o laintis diste o debt and request rvercation lette.

ANSWER

Vantage denies he allegatons in this Paaah.

COUNT IV -FAR DEBT COLLECTION RACTICES ACTAGAINST RACLE FINANCIAL

83. Pant incoorates ragrahs 73 above.

ANSWER

Vntage oes no answer to this Paragah becase it is not drected to Vantage.




84 e DCPA 5 USC § 692 provdes i perie p

ANSWER

A debt coector ay not use unir or unconscionable eans o coec orattept to coec any debt Without itng the general appicaon of theregoing he owing conduct is a violaon of this secon

() The colecon of any aount (including any interest fee charge orexpense incidenta to the principa obligaon) uness such aount isexpressly authorized by the agreeent creang the debt or perited by aw

Vaage ofers o aswr o hs Paraaph becase i is o direced o Vage

85 . Deeda Miracle iacial volaed 5 USC § 692) whe i aemped ocollec "VZW coleco es i he amo o $38

ANSWER

Vage ofs o aswer o hs Paragraph becase is o direced o Vaage

COUNT V-FAR DET COLLECTON PRACTCES ACT(AGANSTCHASE RECEVABLES

86 Paf icooraes paaphs 73 above

ANSWER

Vaage ofers o aswer o his Praaph because i s o direced o Vage

87 The DCPA 5 USC § 692e, provides, i perie p

A debt colector ay not engage in any conduc the natura consequence of which is o harass, oppress, or abuse any person in connecon with thecolecon of a debt Without iing he general appcation of the regoingthe lowng conduc is a vioaion of his secon

***

() Except as provided n secon 9b of this te, the paceen of

teephone cas without eanngfu discosure of the caers identty

23




ANSWER:

Vanage oers no nswer o is Paagaph because is no dreced o Vanage.

88 . Deend Chase Recevables voaed 15 USC § 692e(6 when i placedeephone calls o plainif and did no dsclose e acal ideniy o he caler.

ANSWER:

Vanage oes no answe o hs Pagraph becase s no dieced o Vanage.

COUNT V-TELEPHONE CONSUMER PROTECTON ACTAGANSTVERON AND VANTAGE SOURCG)

89. Pni incooraes paaphs -73 above.

ANSWER:

Vanage incoporaes is Answers o Paaphs I -73 above.

90. The CPA 47 U.S.C. § 227 povdes n perinen par

ANSWER:

() Restricons on use of automated telephone equipment

() Prohibions It sha be unawful r any person witn the United Statesor any person outside the United States if the recipient is wiin the UnitedStates-

(A) to make any cal (other than a ca made r emergency purposes or made

with the prior express consent of the caed party) usng any automactelephone diaing system or an arcial or prerecorded oic * * *

(i ) to any teephone number assigned to a paging serice, celuar teephoneserice speciazed mobile radio serice, or other radio common carrierserice, or any serice r which the caed party is charged r the cal;

Vanage nehe adms nor denes he alegaons n hs Paaph because hey cal r

24




legal concluon o he een an aner requi Vanage denie he allegaon conained

in h Paagrah accuraely chaacee he naue coe, and obligaon o e CP A hen

read a a hole.

9 Vanage oucng' hone cal o lani cell hone volaed e CPAbecaue ey ere made uing an auomac elehone dialing yem ad ued oh an caland rerecoded voice he hone call o lain cell hone ee no made emergency uoe and ey ere no made ih he ror exre conen o lain

:

Vanage dene e aegaon Praa.

92. Verizon i alo liable r he call ha Vanage oucing laced on i behalhich violae he CP A. "Call laced by a hird ary collecor on behal o ha credor arereaed a i he credior iel laced he call." In re Rules and Regulations Implementing theTelehone Consumer Protection Act of1991, GC Doc. 02 278 23 CC Rd 559 anuary 4,2008)

N

Vanage denie he allegaion n h Paraah. Vnage or no aner o h

Paraah egarding he allegaion eccally dreced o Verion.

93. Uon inmaion and ele Vezon a aare ha Vaage ourcng ouldule ricve dialer nd icia and reecorded voice hen lacing hone call o collecdeb allegedly oed o Veron.

N:

Vanage dene he allegaion in i Paraah. Vanage ofer no an o hi

Paraah regarding e allegaion dieced o Verizon.

94

§32()().

e deendan cal ee negigen or alavey ey ee ll. 47 U..C

25




Vatag ds h algatos i ts Paap. Vtag ofs o sw to tis

Paaap gadig algaos dictd to t oh ddats

95 Plaiti was dmag as a slt o ddats' pho cals H was dsslybothd ad was cd o tiiz mts om his cl pho pls alotd mts wchcod hav b sd oh poss

ANSWER:

Vaag dis th algatos i this Paagaph tat spcicaly la o Vatag

Vatag ofs o asw to this Paaap gdig th algaos dctd to h o

dds.

COUNT VII -TELEPHONE CONSUMR PROTECTION ACTAGAINST VERIZON AND CHASE RECEIVABLES)

96. Plaf icopoats paaphs 1 -73 abov.

ANSWER:

Vaag ofs o asw to this Pagaph bcas t s ot dictd to Vaag.

97. Th TCPA, 47 U.SC. § 227 povids pt pat

ANSWER:

(b) Restrcons on use of automated teephone eqipment

(1) Prohibions It sha be unawfu r any person wthn the Unted Statesor any person outside the United States f the recipient is within the Unted

States

(A) to make any ca (other than a cal made r emergency purposes or made with the prior express consent of e caled party) usng any automacteephone diaing system or an arcal or prerecorded voice-* * *

i to any teephone number assigned to a paging servce, celuar telephone

service, speciazed mobe radio servce, or other radio common carrierservice, or any service for which he caled party s charged r the cal; . .

26




Vatage oes o swe to this Paah because it is ot diected to Vatage.

98. Chase Receivables hoe calls to laits cell hoe volated the CPAbecause they wee made usig a automac telehoe dialig system ad used both a atcial

and eecoded voce. The hoe calls to laitis cell hoe wee ot made emegecy uoses d they wee ot made wi the io eess coset o laitif

:

Vatage ofes o aswe to this Paaah because it is ot dected to Vatage.

99 Veio is also liable e calls that Chase Receivables laced o its behalwhich volate the TCP A. "Calls laced by a thid aty collecto o behal o that cedito ae

teated as ithe cedito itsel lac the cal." In re Rules and Regulations Implementing theTelephone Consumer Protection Act of1991 GC Doc. 02 278 23 FCC Rd. 559 (Jauay 42008.

:

Vatage oes o answe to this Paagah because it is ot dect to Vantage

00 Uo ato ad belie Veio was awae that Chase Receivables would

utile edictive dales ad ticial d ecoded voice whe lacig hoe calls to collectdebts alegedly ow to Vo.

:

Vntage oes o answe to this Paaah because it is ot diected to Vantage.

101 The deendats cals wee egliget o alteatvely theywee willl 47 US.C.§32((

:

Vatage ofes o aswe to s Paagah because t s ot diected to Vatage.

02 Platf was damaged as a esult o deedts' hoe cals. He was eedlesslybotheed d was ced to utlie miutes om his cell hoe las allotted mutes whchcould have bee used othe uoses

:




Vage ofes o aswe o his agaph becase i is o dieced o Vaage

COUNT VIII -DECLATORY ACTION AG ST VERIZON)

103 laiif icooaes paaaphs 73 above

ANSWER:

Vnage ofs o aswe o hs aaph becase i is o dieced o Vaage

104. hee exiss a acal coovesy bewee lai ad Vezo

ANSWER:

Vaage ofes o aswe o hs aaph becase i is o dieced o Vaage.

05 aif beleves he has lled he ms o he aeeme wih Vezo ad ohe paymes o Veizo shold be made

ANSWER:

Vaage ofes o nswe o s aaaph becase i is o dieced o Vaage.

106 Veo coies o ass a a deb eiss I has hied deb colecos ad hsepoed he aeged deb o a cosme epoing agecy

ANSWER:

Vage ofes o swe o hs aaph becase i is o dieced o Vaage

WHEREFORE, Vaage pays ( 1) he ey o a jde i is vo agais lain

o Cos I II, III d VI, (2) awad o coss ad aoeys es iced o ded agais

Cos I, II, ad III psa o 5 USC § 1692k(a)(3) d (3) sch oh ad e ele

as s js ad appopiae




AFFRATDEFENSES

Vntge respeclly requests ths Cot enter judgment r it nd gis Plint r the

reasons set rth bove nd bs on he loing denses he defenses beo ncorporte he

Ansers sed bove, nd ech defense incoores he llegons contned in he others

Vntge reseves he rght o mend hs Anse o dd delete or mod s rmtive defenses

bsed on eg thres cs and circumsances hch my or ill be deYeoped through

discovery or rher legl nlysis of Pntis position in this litigto. I in c Vantge

permed ny rong ct(s) under the FDCPA or TCPA hich s specically denied

Vtge subms the lloing mve denses:

Frst Afrave Defese

1. Count V s bed, nd/or dminished n tms of ijuy d/or ardbe dmge oPlnti (sory or othewse), becuse pursun to 47 USC § 227(b)()(A), Plinti provded express consent to be called on Plinis cellular telephone t ll imes ssue

Seco Arave Dese

1. Pursun to 15 USC § 1692, Counts , II nd II re bar, n/or dimnshed in tesof njury d/or dbe dmge o Plin (stutory or otherwise) by the pplicblestte ofimittons period.

2 Plinis leged claims rs ccred on April 21, 201 Plii did not le hissuit until Jue 27 2012

Thr Arave Defese

1 Couts II, II nd VI ae bed, nd/or dimnshed in terms of injury nd/or rdbledmge o Plint (sttory or oherwse), becuse they ere not bought in good fh

but e insted the product of ienonl cs by Plti to cuse violons of thepplicble ls hen Plinti e tht he did not d ould not sue ny reldges, in order to seek indfll of stttory redies unde e pplicble lsrther hn to redress legitimte inuy



TCP A. O inaion and belie Pani has received money paymens o seleceran of ese awsuis.

4. Pani seeks equiable remedies, bu h come o his Court having aced inequiably

5. n ligh of his ow inequiable conduc, Plaini cnno seek equiable remedies

Ffth Armave Defense

1 Couns , , and V e bed, nd/o diminished in erms of injuy d/o awdabledamage o Pani (saory or oherwise) because Plani ied, resed ad/or

negeced o e reasonable seps o miigae his aleged damages.

2. Plaini encouraged ay aleged ecica Yiolaion o f e FDCPA ad/or TPCA by

Vantage.

. Telingly Plaini aleges approximaely 23 specic daes ad imes in which Vanage puorty conaced Plani (Compan, Paraaph 28.)

4 Pani dd no ac in any way o sop Vaage's efs o conac Paini Raher,Plaini meiously caaogued each alleged conac and alowed Vanage o coninueis aciviies in oder o bolser his allegaions in he ins lawsui

5. Now, Plaini demads appoximaely $35000 om Vanage r a 599 ouding

accoun wi Verzon

Sixth Afrmave Defense

1. Cous , , d V ae barred and/or diminished in erms of nury d/or awardabledage o Plaini (sauory or oherwise), because any alleged ac(s) or omission(s) ofVanage ha gave rse o Plainis caims re he resul of an innocen mise.

2. Vage eies on he inrmaion provided o i by is credior cliens ie Verizon

Wen a eephone numbe is provided o Vanage by is cedior clies, Vanage beievesha e consumer ie Paini, has provided consen o ha crior clien o be caledon e number povided

Vaage was reasonably misaken he eephone numb Vzon provid o Vage oconac Paini was a celluar eephone number

4. Moreove, ahou Plani did no revoke his conse o be conaced via his celularelephone egading his Verizon accou, assuming argendo he did revoke such consen,Paini was easonably miske such conse was, in c, evoked.




Seen Amae Deense

Counts , II ad VI ae bred, d/or dminished n terms of njury an/o awadabledage to an (statutory or ohse), because pusuat to 15 USC § 1692k(c), to

he extent at a vioaton s estabshed, y such voaon was not ntentiona and resuted om a bona de ero, notwhstandng the mantenance of procedureseasonaby adapted to avoid such or.

2 O June 0 201 Plaint equested vadaion of he account Vatage wa aempting to colect on behalf of Verzon

3 On une 28, 201 Vtage maled to Plain a response eter that dened Veizon, vadated the account nrmaton and provided poof of same

4 On that same day Vatage paced a ca to plant regadng the laints Verzonaccount.

5 Ay FDCPA voaon under 5 US.C. § 692k(e)(1) stemming om e ct hatVantage placed a teephone cal to ant on the se day t sent ts Jue 28 ete s the resut of a bona de error

Eigth Amae Dense

1 Counts I I II and VI are bared and/or dimnshed in tes of njry and/o awadabledamage to Plain (statutory or ohese), because f Vantage perrmed any wonglacts unde he FDCP A o TCA, whch s speccally dened such acts were not

perfoed owngly willy purposely, wth macous pose in bad fathntenonay, reckessy o wantony uder eher staute.

Ninth Amae Deense

Counts I I III ad VI ae baed, nd/or dminshed n terms of njury /or awardable

damage to Plan (statutoy or otherwse), because to he etent that he aeement between Panti and Verion requre arbration Plantis clams are subject tomdatory braon.

32




HEREORE, Vae pays 1) he ey a ue i its v aais Pai

us I a V 2 a awa css a atteys' es icue e aas

us I a pusua 5 US § 6 92a)3) a 3) such he a he ee

as s us a apppae

Rc A De Giuce EsqDea . Kaa EsqGozdec Del Gudce Amercus

& Farkas LLPOe Wacke DiveSuie 1700hica, Iis 60601Te 312) 782-5010

[email protected]@ze.cm

Respecy subme

VANTAGE SOURCING, LLC

By: s Ric A De GiuiceOe is Aeys

33

martin v cellco verizon vantage sourcing llc answer tcpa fdcpa.pdf

Documents