Free Motion for Leave to File - District Court of Connecticut - Connecticut

Case 3:03-cv-00256-RNC

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Filed 08/24/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

LAUREN BOUCHARD v. SALVATORE SPINELLI CASE NO. 3:03CV 256 (RNC) (DFM) August 23, 2004

MOTION FOR PERMISSION TO PROVIDE SUPPLEMENTAL INFORMATION

Plaintiff respectfully commends the Court'attention to its Recommended s Ruling in Spicer v. J. Daniel Lenahan, Civil No. 3:04CV1810 (RNC) (DFM), and to the allegations in Beverly v. Spinelli, Civil No. 3:04CV 1280 (JBA), particularly paragraphs 4, 5, 8 (attached). Defendant has continued the practices challenged in this matter, despite the hearing of August 7, 2003, which he attended and at which he obtained personal, direct knowledge of the offending practices.
THE PLAINTIFF

BY____/s/ Joanne S. Faulkner__ JOANNE S. FAULKNER ct04137 123 Avon Street New Haven, CT 06511 (203) 772-0395

This is to certify that the undersigned mailed a copy of the foregoing and attached on August 23, 2004, postage prepaid, to: Salvatore Spinelli 135 Maxess Rd #2B Melville NY 11747 ___/s/ Joanne S. Faulkner____________________ Joanne S. Faulkner

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT THOMAS BEVERLY v. JURY TRIAL DEMANDED CASE NO. 3:04CV 1280 (JBA)

SALVATORE SPINELLI OXFORD COLLECTION AGENCY, INC. COMPLAINT
1. This is an action pursuant to the Fair Debt Collection Practices Act

("FDCPA"), 15 U.S.C. §1692 et seq. and the Connecticut Unfair Trade Practices Act ("CUTPA"), Conn. Gen. Stat. §42-110a. 2. This Court's jurisdiction is conferred by 15 U.S.C. §1692k and 28 U.S.C. §1331

and §1367. 3. Plaintiff is a natural person and a consumer within the FDCPA, who resides in

Connecticut. 4. Defendant Spinelli regularly attempts to collect consumer debts from Connecticut

residents as an attorney, but is not licensed to practice law in Connecticut. 5. Defendant Spinelli has a place of business at 135 Maxess Rd. #2B, Melville NY

11747 and was not licensed pursuant to chapter 669 Part XII of the Connecticut General Statutes when communicating with plaintiff and others in an effort to collect. 6. Each Defendant purported to be involved in collection efforts with regard to

plaintiff'disputed debt to Cross Country Bank within one year prior to the date of this s action, and communicated with plaintiff and others in an effort to collect.

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7.

Defendants' collection efforts falsely imply the ability to do more than a

collection agency, even though that implication is not true. Rosa v. Gaynor, 784 F. Supp. 1 (D. Conn. 1989). 8. Defendant Spinelli'agent " Wiseman" s D. threatened to have plaintiff charged with

felony fraud in connection with the collection of the Cross Country account. 9. Defendants' agent(s) by their threats created a false sense of urgency.

10. Each Defendant'collection efforts, including the above, violated 15 U.S.C. §1692c, s d, -e, -f, or -g. SECOND COUNT 11. The allegations of the First Count are repeated and realleged. 12. Within three years prior to the date of this action, each Defendant committed

unfair or deceptive acts or practices in collection efforts within the meaning of the Unfair Trade Practices Act, Conn. Gen. Stat. §42-110a et seq., causing ascertainable loss to plaintiff. WHEREFORE plaintiff respectfully requests this Court to: 1. Award plaintiff such damages as are permitted by law, both compensatory and punitive, including $1,000 statutory damages for each communication, against each defendant; 2. Award the plaintiff costs of suit and a reasonable attorney's fee; 3. Award declaratory and injunctive relief and such other and further relief as law or equity may provide.

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THE PLAINTIFF

BY____/s/ Joanne S. Faulkner____ JOANNE S. FAULKNER ct04137 123 Avon Street New Haven, CT 06511-2422 (203) 772-0395 [email protected]