Indiana AG and CFPB Complaint Pack

INDIANA 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 — Indiana 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. Indiana 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, breach of data, 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, IDCSA Notice of Cure under Ind. Code § 24-5-0.5-5(a) sent on (date), 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 — INDIANA AG CONSUMER PROTECTION DIVISION COMPLAINT

TO:

Office of the Indiana Attorney General

Consumer Protection Division

Indiana Government Center South, 5th Floor

302 West Washington Street

Indianapolis, IN 46204

Phone: (317) 232-6330 | Toll-free Consumer Helpline: (800) 382-5516

Fax: (317) 233-4393

Email: [email protected]

Online filing: https://www.in.gov/attorneygeneral/consumer-protection-division/file-a-complaint/

RE: Consumer Complaint — Alleged Violation of the Indiana Deceptive Consumer Sales Act, Ind. Code § 24-5-0.5-1 et seq.

To the Consumer Protection Division:

The undersigned consumer respectfully submits this complaint concerning unfair, abusive, or deceptive practices by [ENTITY NAME] in violation of the Indiana Deceptive Consumer Sales Act, Ind. Code § 24-5-0.5-3. 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:

☐ Ind. Code § 24-5-0.5-3(a) — General prohibition on unfair, abusive, or deceptive acts in connection with a consumer transaction;

☐ Ind. Code § 24-5-0.5-3(b)(1)–(2) — Misrepresentations as to subject matter, sponsorship, approval, performance, characteristics, accessories, uses, or benefits;

☐ Ind. Code § 24-5-0.5-3(b)(5)–(7) — Misrepresentations of standard, quality, grade, style, or model;

☐ Ind. Code § 24-5-0.5-3(b)(11) — Replacement or repair of goods, where supplier knows or should know the representation is false;

☐ Ind. Code § 24-5-0.5-3(b)(12) — Misrepresentations as to authority of salesperson;

☐ Ind. Code § 24-5-0.5-3(b)(20) — Misrepresentations regarding price reductions or terms of credit;

☐ Ind. Code § 24-5-0.5-3(b)(31)–(35) — Specific debt-collection abuses (where applicable);

☐ Ind. Code § 25-11-1 — Indiana Collection Agency Act (unlicensed collection / bond violations);

☐ Ind. Code § 24-4.9 — Indiana Disclosure of Security Breach Act (where data breach is alleged);

☐ Ind. Code § 24-5-15 — Credit services organizations / credit repair fraud;

☐ Ind. Code § 24-5-12 — Home improvement contracts;

☐ Ind. Code § 24-5-13.5 — Motor vehicle protection (Lemon Law);

☐ 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 the AG's civil investigative authority under Ind. Code § 4-6-3-3, including issuing investigative demands or subpoenas as appropriate;

c. Pursue enforcement under Ind. Code § 24-5-0.5-4(c) and (g), including civil penalties of up to $5,000 per knowing violation, an additional $500 per uncured deceptive act, injunctive relief, and consumer restitution;

d. [If breach-related] Pursue Disclosure of Security Breach Act enforcement under Ind. Code § 24-4.9-4-1 (civil penalties up to $150,000 per breach via the IDCSA);

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

f. 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: [__________].

☐ I have or have not delivered an IDCSA Notice of Cure under Ind. Code § 24-5-0.5-5(a) — date delivered: [__/__/____]; cert. mail # [______].

4.4. Attestation

I declare under penalty of perjury under the laws of the State of Indiana 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 Indiana AG investigation or CFPB complaint does not stop the FDCPA one-year clock or the IDCSA two-year clock. Counsel must independently calendar all private deadlines.

8.2. IDCSA Notice of Cure is independent. A complaint to the Indiana AG, the CFPB, or any other regulator does NOT satisfy Ind. Code § 24-5-0.5-5(a). Before filing any private "uncured" IDCSA action, deliver a separate Notice of Cure that "states fully" the deceptive act and the actual damage suffered, allow 30 days for an offer to cure, and only then file suit. The Notice of Cure prerequisite does NOT apply to "incurable deceptive acts" (Ind. Code § 24-5-0.5-2(a)(8)) — i.e., acts done as part of a scheme, artifice, or device with intent to defraud or mislead. Plead the incurable-act theory expressly when intent supports it.

8.3. Use of company responses. Responses obtained through the CFPB portal or Indiana AG referral are useful evidence in any subsequent litigation, particularly to demonstrate willfulness under Ind. Code § 24-5-0.5-4 (treble damages on willful violations, capped at $1,000) 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.

8.5. Senior consumer track. If the consumer is age 60 or older, advise the AG's Identity Theft and Senior Consumer units (Ind. Code § 24-5-0.5-4(j) authorizes treble damages on senior-consumer claims). The Division prioritizes senior consumer matters.

9. INDIANA PRACTICE NOTES

• Office address. The Office of the Indiana Attorney General's main office is at 200 W. Washington Street, Room 219, Indianapolis, IN 46204; the Consumer Protection Division operates from Indiana Government Center South, 5th Floor, 302 W. Washington Street, Indianapolis, IN 46204. Address consumer complaints to the Government Center South address.
• Consumer Helpline. (800) 382-5516 (in-state toll-free) and (317) 232-6330 (Indianapolis local). Hours: 8:00 a.m.–4:30 p.m. Monday–Friday.
• Web addresses. Use https://www.in.gov/attorneygeneral/consumer-protection-division/file-a-complaint/ for the consumer-facing portal and complaint form. The general AG site is https://www.in.gov/attorneygeneral/.
• Email intake. [email protected] receives general consumer complaints. [email protected] receives data-breach notifications under Ind. Code § 24-4.9.
• AG enforcement powers. Under Ind. Code § 24-5-0.5-4(c)–(g) and § 24-5-0.5-8, the Attorney General may seek injunctions, civil penalties up to $5,000 per knowing violation, an additional $500 per uncured deceptive act, restitution, and costs and reasonable attorney's fees. Senior-consumer claims authorize enhanced civil penalties up to $10,000 per violation.
• Cross-references. Industry-specific complaints may be more efficiently routed to:
• Indiana Department of Financial Institutions (state-chartered banks, consumer-finance lenders, money transmitters, mortgage lenders): https://www.in.gov/dfi/
• Indiana Department of Insurance: https://www.in.gov/idoi/
• Indiana Utility Regulatory Commission: https://www.in.gov/iurc/
• Indiana Secretary of State, Securities Division: https://www.in.gov/sos/securities/
• Indiana Secretary of State, Auto Dealer Services Division (motor-vehicle dealer complaints): https://www.in.gov/sos/dealer/
• Indiana Secretary of State, Business Services Division (collection-agency licensing under Ind. Code § 25-11-1)
• 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 the Indiana AG's investigative team or a class-action firm.
• Data-breach overlay. If the consumer received a data-breach notification under Ind. Code § 24-4.9-3-1, file a copy with the AG's data-breach unit; verify whether the entity also disclosed the breach to the AG within the required window (generally without unreasonable delay and not later than 45 days after discovery). Late or non-disclosure exposes the entity to enforcement and civil penalties.

10. SOURCES AND REFERENCES

• Indiana Attorney General — https://www.in.gov/attorneygeneral/
• Indiana AG Consumer Protection Division — https://www.in.gov/attorneygeneral/consumer-protection-division/
• Indiana AG file a complaint — https://www.in.gov/attorneygeneral/consumer-protection-division/file-a-complaint/
• Indiana AG Security Breach business resources — https://www.in.gov/attorneygeneral/consumer-protection-division/id-theft-prevention/security-breaches/
• Ind. Code § 24-5-0.5 (IDCSA) — https://iga.in.gov/laws/2024/ic/titles/24/#24-5-0.5
• Ind. Code § 24-5-0.5-3 (Enumerated deceptive acts) — https://law.justia.com/codes/indiana/title-24/article-5/chapter-0-5/section-24-5-0-5-3/
• Ind. Code § 24-5-0.5-4 (Civil remedies; offer to cure) — https://law.justia.com/codes/indiana/title-24/article-5/chapter-0-5/section-24-5-0-5-4/
• Ind. Code § 24-5-0.5-5 (Pre-suit notice; limitations) — https://law.justia.com/codes/indiana/title-24/article-5/chapter-0-5/section-24-5-0-5-5/
• Ind. Code § 24-4.9 (Disclosure of Security Breach) — https://iga.in.gov/laws/2024/ic/titles/24/#24-4.9
• Ind. Code § 25-11-1 (Indiana Collection Agency Act) — https://iga.in.gov/laws/2024/ic/titles/25/#25-11-1
• 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 IDCSA pre-suit Notice of Cure required by Ind. Code § 24-5-0.5-5(a) before bringing a private "uncured deceptive act" action. An attorney licensed in Indiana must review and customize this document before use. Laws, citations, and court rules change frequently; verify all authorities before use.