Georgia AG and CFPB Complaint Pack

GEORGIA AG AND CFPB COMPLAINT PACK

TABLE OF CONTENTS

1. Consumer Information Sheet
2. Subject Company / Respondent Information
3. Narrative Statement of Facts
4. Form A — Georgia AG Consumer Protection Division Complaint
5. Form B — CFPB Complaint
6. Document Inventory
7. Filing Checklist and Tracking Log
8. Coordination with Private Action
9. Georgia Practice Notes
10. Sources and References

1. CONSUMER INFORMATION SHEET

2. SUBJECT COMPANY / RESPONDENT INFORMATION

3. NARRATIVE STATEMENT OF FACTS

3.1. Initial transaction or contact. On or about [__/__/____], [describe how consumer first interacted with company — purchase, account opening, loan application, debt-collection call, etc.].

3.2. Representations made. The company, through [employee name / channel], represented that [specific statements made — written and oral]. [Cite Exhibit __ for written representations.]

3.3. Conduct complained of. Beginning on or about [__/__/____], the company [describe specific conduct: false billing, undisclosed fee, harassing calls, refusal to honor warranty, identity-theft-related collection, deceptive advertising, etc.].

3.4. Harm suffered. As a result, the consumer suffered [describe — out-of-pocket loss of $___, credit-report damage, hours lost, emotional distress, denial of credit, repossession, etc.].

3.5. Consumer's effort to resolve directly. On [__/__/____], the consumer [describe effort — call to customer service, certified letter, BBB complaint, etc.]. The company [response or non-response].

3.6. Resolution sought. The consumer requests [specific relief — refund of $___, account closure, deletion of credit-report tradeline, written apology and policy correction, equitable injunctive relief, etc.].

4. FORM A — GEORGIA AG CONSUMER PROTECTION DIVISION COMPLAINT

TO:

Georgia Department of Law

Consumer Protection Division

2 Martin Luther King Jr. Drive SE, Suite 356

Atlanta, Georgia 30334

Phone: (404) 651-8600 | Toll-free (Georgia only): (800) 869-1123

Fax: (404) 651-9018

Online filing: https://consumer.georgia.gov/file-complaint

RE: Consumer Complaint — Alleged Violation of the Georgia Fair Business Practices Act, O.C.G.A. § 10-1-390 et seq.

To the Consumer Protection Division:

The undersigned consumer respectfully submits this complaint concerning unfair or deceptive practices by [ENTITY NAME] in violation of the Georgia Fair Business Practices Act, O.C.G.A. § 10-1-393. The facts are stated in Section 3 above and are incorporated here by reference.

4.1. Statutory Provisions Implicated

The conduct described in Section 3 violates, in whole or in part:

☐ O.C.G.A. § 10-1-393(a) — Unfair or deceptive acts or practices in trade or commerce, generally;

☐ O.C.G.A. § 10-1-393(b)(1)–(2) — Misrepresentations as to source, sponsorship, approval, or affiliation;

☐ O.C.G.A. § 10-1-393(b)(5), (7) — Misrepresentations of standard, quality, or grade of goods or services;

☐ O.C.G.A. § 10-1-393(b)(9) — False or misleading statements concerning reasons for or amount of price reductions;

☐ O.C.G.A. § 10-1-393(b)(14) — Bait advertising;

☐ O.C.G.A. § 10-1-393(b)(20) — Specific debt-collection abuses (where applicable);

☐ O.C.G.A. § 10-1-393.5 — Telemarketing fraud;

☐ O.C.G.A. § 10-1-393.10 — Motor vehicle service contract violations;

☐ Other: [specify].

4.2. Relief Requested from the Division

The undersigned respectfully requests that the Division:

a. Investigate the conduct described herein;

b. Open an inquiry pursuant to its civil investigative authority under O.C.G.A. § 10-1-403, including issuing investigative demands or subpoenas as appropriate;

c. Pursue enforcement under O.C.G.A. § 10-1-397, including civil penalties of up to $5,000 per violation and injunctive relief;

d. Coordinate, as appropriate, with the Federal Trade Commission, the Consumer Financial Protection Bureau, and other state attorneys general;

e. Assist in obtaining restitution to the consumer.

4.3. Authorizations

☐ I authorize the Division to send a copy of this complaint and supporting documents to the company complained against and to communicate with the company on my behalf.

☐ I understand the Division does not represent me individually, does not provide legal advice, and cannot guarantee a particular outcome.

☐ I have or have not previously filed a complaint regarding this matter with [BBB / FTC / CFPB / other agency] — explain: [__________].

☐ A lawsuit is or is not currently pending: [__________].

4.4. Attestation

I declare under penalty of perjury under the laws of the State of Georgia that the foregoing is true and correct.

[________________________________]

[CONSUMER NAME]

Date: [__/__/____]

5. FORM B — CFPB COMPLAINT

TO:

Consumer Financial Protection Bureau

P.O. Box 2900

Clinton, IA 52733-2900

Online filing: https://www.consumerfinance.gov/complaint/

Phone: (855) 411-CFPB (2372) | TTY/TDD: (855) 729-CFPB (2372)

RE: Consumer Complaint Regarding [Product Type]

5.1. Product / Issue Selection

Select the product category that most closely matches the conduct (CFPB intake taxonomy):

☐ Debt collection

☐ Credit reporting / credit repair / other personal consumer reports

☐ Mortgage

☐ Credit card or prepaid card

☐ Checking or savings account

☐ Vehicle loan or lease

☐ Student loan

☐ Payday loan, title loan, or personal loan

☐ Money transfer, virtual currency, or money service

☐ Other financial service

5.2. Specific Issue (Sub-Issue)

[Describe — e.g., "Attempts to collect debt not owed", "Incorrect information on your report", "Trouble during payment process", etc.]

5.3. Statement of Facts

The facts in Section 3 above are incorporated here by reference.

5.4. Federal Statutes Implicated

☐ Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.

☐ Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.

☐ Truth in Lending Act, 15 U.S.C. § 1601 et seq. (Regulation Z)

☐ Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 et seq. (Regulation X)

☐ Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq. (Regulation B)

☐ Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq. (Regulation E)

☐ Consumer Financial Protection Act, 12 U.S.C. § 5481 et seq. (UDAAP)

☐ Other: [specify]

5.5. Resolution Requested

[Describe specific outcome — e.g., refund of $___, deletion of fraudulent tradeline, modification of loan, written acknowledgment of error, no further contact, written apology and corrective action]

5.6. Public-Database Consent

☐ I consent to publishing the narrative of my complaint in the CFPB Consumer Complaint Database (with personal identifiers removed).

☐ I do NOT consent.

5.7. Attestation

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

[________________________________]

[CONSUMER NAME]

Date: [__/__/____]

6. DOCUMENT INVENTORY

7. FILING CHECKLIST AND TRACKING LOG

8. COORDINATION WITH PRIVATE ACTION

8.1. Regulatory complaints do not toll private limitations periods. A pending Georgia AG investigation or CFPB complaint does not stop the FDCPA one-year clock or the FBPA two-year clock. Counsel must independently calendar all private deadlines.

8.2. 30-day FBPA demand letter is independent. A complaint to the Georgia AG, the CFPB, or any other regulator does NOT satisfy O.C.G.A. § 10-1-399(b). Before filing any private FBPA action, deliver a separate written demand for relief under § 10-1-399(b), allow 30 days to elapse, and only then file suit. Sending the demand letter early — concurrent with the regulatory filings — is best practice.

8.3. Use of company responses. Responses obtained through the CFPB portal or Georgia AG referral are useful evidence in any subsequent litigation, particularly to demonstrate intent under O.C.G.A. § 10-1-399(c) (treble damages on intentional violations) and to defeat any later claim of lack of notice.

8.4. Mandatory arbitration risk. Many consumer-finance contracts contain pre-dispute mandatory arbitration clauses. CFPB and AG complaints are not "claims in court" and generally do not waive or trigger arbitration provisions, but private litigation may. Counsel should review the underlying contract before filing suit.

9. GEORGIA PRACTICE NOTES

• Office address. The Georgia AG Consumer Protection Division is located at 2 Martin Luther King Jr. Drive SE, Suite 356, Atlanta, GA 30334. The previously used address (2 MLK Jr. Drive SE) and former separate "Office of Consumer Protection" location are now consolidated under the Department of Law. Confirm current address before mailing.
• Web addresses. Use https://consumer.georgia.gov for the consumer-facing portal and complaint form. The shorthand http://consumer.ga.gov is recognized but redirects. The Department of Law's broader site is https://law.georgia.gov.
• Telephone. Main consumer line: (404) 651-8600. In-state toll-free: (800) 869-1123. Hours: 8:30 a.m.–5:00 p.m. Monday–Thursday, 8:30 a.m.–4:00 p.m. Friday.
• Online attachments. The web form accepts up to three attachments, total 10 MB. Combine PDFs and reference any additional exhibits by reference; mail or fax the remainder with a cover sheet citing the online confirmation number.
• AG enforcement powers. Under O.C.G.A. § 10-1-403, the Administrator may issue civil investigative demands, take testimony under oath, and obtain documents. Civil penalties up to $5,000 per intentional violation are available under O.C.G.A. § 10-1-397, plus injunctive relief and consumer restitution.
• Cross-references. Industry-specific complaints may be more efficiently routed to:
• Georgia Department of Banking and Finance (state-chartered banks, mortgage lenders, money-service businesses): https://dbf.georgia.gov
• Georgia Office of Insurance and Safety Fire Commissioner (insurance): https://oci.georgia.gov
• Georgia Public Service Commission (utilities, telecom): https://psc.ga.gov
• Georgia Secretary of State, Securities Division (investment fraud): https://sos.ga.gov
• CFPB scope. CFPB jurisdiction covers banks, debt collectors, credit reporting agencies, mortgage companies, payday/installment lenders, money-service businesses, prepaid cards, and most consumer-finance providers, but generally NOT non-financial merchants or auto-dealer financing originated by a franchised dealer (carved out by Dodd-Frank § 1029).
• Whistleblower / pattern complaints. If the consumer's experience appears to reflect a broader pattern (multiple complainants, scripted misconduct, systemic billing errors), counsel should consider concurrent filings with the FTC (at ReportFraud.ftc.gov) and outreach to a state private attorney general or class-action firm.

10. SOURCES AND REFERENCES

• Georgia AG Consumer Protection Division — https://consumer.georgia.gov
• Georgia AG file a complaint — https://consumer.georgia.gov/file-complaint
• Georgia Department of Law — https://law.georgia.gov
• O.C.G.A. § 10-1-390 et seq. (FBPA) — https://law.justia.com/codes/georgia/title-10/chapter-1/article-15/part-2/
• O.C.G.A. § 10-1-393 — https://law.justia.com/codes/georgia/title-10/chapter-1/article-15/part-2/section-10-1-393/
• O.C.G.A. § 10-1-397 (AG enforcement) — https://law.justia.com/codes/georgia/title-10/chapter-1/article-15/part-2/section-10-1-397/
• O.C.G.A. § 10-1-399 (Civil remedies; pre-suit demand) — https://law.justia.com/codes/georgia/title-10/chapter-1/article-15/part-2/section-10-1-399/
• O.C.G.A. § 10-1-403 (Civil investigative demand)
• CFPB consumer complaint portal — https://www.consumerfinance.gov/complaint/
• CFPB complaint database — https://www.consumerfinance.gov/data-research/consumer-complaints/
• FTC ReportFraud — https://reportfraud.ftc.gov
• 15 U.S.C. § 1692 et seq. (FDCPA) — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• 15 U.S.C. § 1681 et seq. (FCRA) — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-III

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Filing a regulatory complaint is not a substitute for compliance with the 30-day pre-suit written demand requirement of O.C.G.A. § 10-1-399(b) before bringing a private FBPA action. An attorney licensed in Georgia must review and customize this document before use. Laws, citations, and court rules change frequently; verify all authorities before use.