AG and CFPB Complaint Pack - District of Columbia

CONSUMER PROTECTION COMPLAINT PACK — D.C. ATTORNEY GENERAL AND CONSUMER FINANCIAL PROTECTION BUREAU

TABLE OF CONTENTS

1. Filing Roadmap
2. Complaint Cover Sheet
3. Part A — D.C. OAG Office of Consumer Protection Complaint
4. Part B — CFPB Online Complaint Worksheet
5. Part C — Sector Referrals
6. Exhibit List
7. Follow-Up and Recordkeeping Checklist
8. District of Columbia Practice Notes
9. Sources and References

1. FILING ROADMAP

2. COMPLAINT COVER SHEET

3. PART A — D.C. OAG OFFICE OF CONSUMER PROTECTION COMPLAINT

Office of the Attorney General for the District of Columbia

Office of Consumer Protection

400 6th Street NW

Washington, DC 20001

Phone (Consumer & Tenant Hotline): (202) 442-9828

Email: [email protected]

Online: https://oag.dc.gov/consumer-protection/submit-consumer-complaint

Date: [__/__/____]

To the Office of Consumer Protection:

I respectfully submit this complaint against [RESPONDENT NAME] for violations of the District of Columbia Consumer Protection Procedures Act, D.C. Code § 28-3901 et seq., and request investigation, mediation, and (where appropriate) enforcement under D.C. Code § 28-3909.

A.1 Parties

• Complainant: [CONSUMER NAME], residing at [ADDRESS], Washington, D.C.
• Respondent: [BUSINESS NAME], a [STATE] [ENTITY TYPE], with its principal place of business at [ADDRESS], doing business in the District of Columbia.

A.2 Statement of Facts

[Provide a clear, chronological narrative. Include: dates, persons spoken to, exact statements (quoted), amounts, deliveries, written communications, and outcomes. Reference exhibits.]

1. On [__/__/____], [describe initial transaction or contact].
2. On [__/__/____], [describe next event].
3. On [__/__/____], [describe next event].
4. [continue]

A.3 Specific CPPA Violations Alleged (D.C. Code § 28-3904)

• ☐ § 28-3904(a) — Misrepresentation of source, sponsorship, approval, certification, or characteristics
• ☐ § 28-3904(d) — Representation of standard, quality, or grade goods are not
• ☐ § 28-3904(e) — Misrepresentation of a material fact tending to mislead
• ☐ § 28-3904(f) — Failure to state a material fact tending to mislead
• ☐ § 28-3904(h) — Advertising or offering goods/services without intent to sell as advertised
• ☐ § 28-3904(r) — Unconscionable contract terms
• ☐ § 28-3904(t) — Use of deceptive representations or designations of geographic origin
• ☐ § 28-3904(u) — Misrepresentation of consumer's right or remedy
• ☐ § 28-3904(x) — Passing off goods/services as those of another
• ☐ § 28-3904(z-1) — Failure to provide receipts
• ☐ § 28-3904(dd) — Sale of consumer goods in non-conforming condition
• ☐ Other: [________________________________]

A.4 D.C. Debt Collection Law Allegations (D.C. Code § 28-3814) — if applicable

• ☐ § 28-3814(c) — Threats, coercion
• ☐ § 28-3814(d) — Harassment / more than 4 calls per account in 7 days
• ☐ § 28-3814(f) — Deceptive representations, including suit on time-barred debt or unlicensed collection
• ☐ § 28-3814(g) — Unfair or unconscionable means
• ☐ Other: [________________________________]

A.5 Other D.C. Statutes Implicated

• ☐ D.C. Code § 28-3861 et seq. — Security Breach Protection Act
• ☐ D.C. Code § 42-3501.01 et seq. — Rental Housing Act (if landlord-tenant)
• ☐ D.C. Code § 50-501 et seq. — Lemon Law (if motor vehicle)
• ☐ Other: [________________________________]

A.6 Relief Requested

I respectfully request that the Office of the Attorney General:

• (i) Investigate Respondent's practices;
• (ii) Issue a Civil Investigative Demand or subpoena under D.C. Code § 28-3910 if needed;
• (iii) Seek restitution and disgorgement on my behalf and on behalf of similarly situated D.C. consumers;
• (iv) Seek civil penalties of up to $5,000 per violation under D.C. Code § 28-3909(b);
• (v) Seek a permanent injunction; and
• (vi) Refer to criminal prosecution where appropriate.

A.7 Reservation of Private Rights

This complaint is filed without prejudice to my private right of action under D.C. Code § 28-3905(k), which provides for treble damages or $1,500 per violation (whichever is greater), reasonable attorney's fees, punitive damages, and injunctive relief. I expressly reserve all civil remedies under federal and District of Columbia law.

A.8 Verification

I declare under penalty of perjury under the laws of the District of Columbia that the foregoing is true and correct to the best of my knowledge.

[________________________________]

[CONSUMER NAME] Date: [__/__/____]

4. PART B — CFPB ONLINE COMPLAINT WORKSHEET

File at: https://www.consumerfinance.gov/complaint/

(Use this worksheet to assemble facts before completing the online form. Save the resulting CFPB confirmation number.)

B.1 What Happened (CFPB Narrative)

[Compose a 3-6 paragraph factual narrative. Be specific: dates, dollar amounts, channels of contact, and exhibits. The narrative is published in the public CFPB database (with personal identifiers scrubbed) unless the consumer opts out.]

B.2 Documents to Upload

• ☐ Account statements
• ☐ Collection letters and emails
• ☐ Call logs / call recordings (if lawfully obtained)
• ☐ Credit reports (highlighted)
• ☐ Cancelled checks / payment receipts
• ☐ Contracts / loan documents
• ☐ Identity Theft Report (if applicable)
• ☐ Prior correspondence with the company
• ☐ Other: [________________________________]

B.3 Authorization

• ☐ Permission to publish narrative in CFPB consumer-complaint database (recommended for transparency; opt out for privacy).
• ☐ Authorization for CFPB to share complaint with company and other regulators (required to receive a company response).

B.4 What Happens Next (CFPB Process)

1. CFPB forwards the complaint to the company within 24-48 hours.
2. Company must respond within fifteen (15) days, with a final response within sixty (60) days (12 U.S.C. § 5534).
3. Consumer may dispute the company's response.
4. Complaint is added to the public database (subject to opt-out).
5. CFPB may open a supervisory or enforcement matter for repeat or systemic violations.

5. PART C — SECTOR REFERRALS

6. EXHIBIT LIST

7. FOLLOW-UP AND RECORDKEEPING CHECKLIST

• ☐ Save the CFPB confirmation number and the OAG ticket number.
• ☐ Save copies of every submitted document (PDFs and originals).
• ☐ Calendar the CFPB 15-day company response deadline.
• ☐ Calendar the CFPB 60-day final resolution deadline.
• ☐ Calendar a 30-day OAG status check.
• ☐ Log every regulator and respondent communication thereafter (date, name, content).
• ☐ Refresh the SOL analysis at Day 60: confirm private claims (CPPA 3 yrs; FDCPA 1 yr; FCRA 2 yrs from discovery / 5 yrs absolute) remain timely.
• ☐ Consider issuing a 30-day pre-suit demand letter under D.C. Code § 28-3905(k)(1) (representative actions) if mass impact.
• ☐ Consult counsel about CPPA private suit if treble damages or $1,500-per-violation recovery would exceed regulatory restitution.

8. DISTRICT OF COLUMBIA PRACTICE NOTES

• OAG enforcement teeth. D.C. Code § 28-3909 authorizes the OAG to seek restitution, civil penalties up to $5,000 per violation, injunctive relief, and disgorgement. Penalties are doubled for elderly or disabled victims (D.C. Code § 28-3909(c)).
• Private right preserved. A regulatory complaint does NOT preempt or toll the consumer's private CPPA action. Treble damages or $1,500 per violation is the headline private remedy; counsel should compare regulatory restitution against private recovery before choosing.
• Public CFPB database. CFPB complaints are publicly searchable. This both pressures the company and creates a public record useful in private litigation.
• Interagency coordination. D.C. OAG routinely coordinates with the CFPB, FTC, and other state AGs on multistate matters. Filing both the OAG and CFPB complaints maximizes the chance of cross-referral.
• DISB licensing leverage. For banks, money transmitters, lenders, and debt collectors, a DISB complaint can imperil the respondent's license — a very effective settlement lever.
• Elder and disabled enhancement. D.C. CPPA enhances penalties and damages where the victim is elderly (60+) or has a disability. Plead this status where applicable (D.C. Code § 28-3905(k)(2)(A); § 28-3909(c)).
• Limitations. CPPA private action: 3 years (D.C. Code § 12-301(8)). § 28-3814: 3 years. FDCPA: 1 year (15 U.S.C. § 1692k(d)). FCRA: 2 years from discovery, 5-year absolute (15 U.S.C. § 1681p).
• Mediation by OCP. OCP runs an informal Consumer Mediation Program — fast, free, but voluntary on both sides and does not yield binding remedies absent agreement. Useful where consumer's primary goal is refund or repair.
• Don't lose evidence. Once filed, the matter may take 30-90 days. Preserve every voicemail, text, email, photograph, and statement. Spoliation by the consumer can damage later litigation.

9. SOURCES AND REFERENCES

• D.C. OAG Office of Consumer Protection — https://oag.dc.gov/consumer-protection
• D.C. OAG Submit a Consumer Complaint — https://oag.dc.gov/consumer-protection/submit-consumer-complaint
• D.C. OAG Contact (400 6th St NW; main (202) 727-3400; consumer hotline (202) 442-9828) — https://oag.dc.gov/about-oag/contact-us
• CFPB Complaint Portal — https://www.consumerfinance.gov/complaint/
• CFPB Consumer Complaint Database — https://www.consumerfinance.gov/data-research/consumer-complaints/
• FTC ReportFraud — https://reportfraud.ftc.gov/
• DISB — https://disb.dc.gov/
• D.C. Code § 28-3905 — https://code.dccouncil.gov/us/dc/council/code/sections/28-3905
• D.C. Code § 28-3909 (OAG enforcement) — https://code.dccouncil.gov/us/dc/council/code/sections/28-3909
• D.C. Code § 28-3814 — https://code.dccouncil.gov/us/dc/council/code/sections/28-3814
• 12 U.S.C. § 5534 (CFPB Consumer Response) — https://www.law.cornell.edu/uscode/text/12/5534

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Filing a regulatory complaint is not a substitute for private legal action where damages or limitations periods so warrant. Consult an attorney admitted to the D.C. Bar before relying solely on regulatory complaint pathways.