Missouri AG and CFPB Complaint Pack

MISSOURI 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 — Missouri 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. Missouri 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. Reasonable-consumer reliance. A reasonable consumer in Missouri would have entered into the transaction based on the company's representations. The consumer relied on those representations as a reasonable person would in light of all the circumstances.

3.4. 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, data breach, telemarketing fraud, no-call list violation, etc.].

3.5. Harm suffered (calculable with certainty). As a result, the consumer suffered specific, ascertainable loss, including: [describe with exhibit cites — out-of-pocket loss of $___, credit-report damage, hours lost, denial of credit, repossession, etc.].

3.6. 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].

3.7. 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 — MISSOURI AG CONSUMER PROTECTION DIVISION COMPLAINT

TO:

Missouri Attorney General

Consumer Protection Division

P.O. Box 899

Jefferson City, Missouri 65102

Office: Supreme Court Building, 207 W. High Street, Jefferson City, MO

Consumer Protection Hotline: (800) 392-8222

Email: [email protected]

Online filing: https://ago.mo.gov/file-a-complaint

RE: Consumer Complaint — Alleged Violation of the Missouri Merchandising Practices Act, RSMo § 407.010 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 Missouri Merchandising Practices Act, RSMo § 407.020. 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:

☐ RSMo § 407.020 — Unlawful practices: deception, fraud, false pretense, false promise, misrepresentation, unfair practice, or concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise in trade or commerce;

☐ 15 CSR 60-7.020 — Telephone solicitation deceptive acts;

☐ 15 CSR 60-8.020 — False representations;

☐ 15 CSR 60-8.030 — Misrepresentations as to goods, services, or transactions;

☐ 15 CSR 60-8.060 — Concealment of material facts;

☐ 15 CSR 60-8.090 — Unfair practice — debt collection abuses;

☐ RSMo § 407.1500 — Data breach notification;

☐ RSMo § 407.1098 — Telemarketing No-Call List violation;

☐ RSMo § 407.911 — Motor vehicle sale and warranty violations;

☐ RSMo § 407.560 — Used motor vehicle warranty / odometer fraud;

☐ 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 RSMo § 407.040 and § 407.060, including issuing subpoenas or civil investigative demands as appropriate;

c. Pursue enforcement under RSMo § 407.100, including civil penalties of up to $1,000 per violation (and up to $5,000 per violation for conduct directed at the elderly or disabled), injunctive relief, and consumer restitution;

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

e. Where applicable, refer to the Missouri Division of Finance, the Missouri Department of Insurance, the Missouri Public Service Commission, the Missouri Secretary of State Securities Division, or the Missouri Department of Revenue.

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 Missouri 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 Missouri AG investigation or CFPB complaint does not stop the FDCPA one-year clock or the MMPA five-year clock. Counsel must independently calendar all private deadlines.

8.2. No MMPA pre-suit demand requirement. Unlike Georgia (O.C.G.A. § 10-1-399(b)) or Massachusetts (G.L. c. 93A § 9(3)), Missouri's MMPA does not require a 30-day pre-suit demand letter before filing a private action. A demand letter remains good practice — it can support the consumer's reasonable-consumer behavior under SB 591 and may demonstrate the defendant's intent for punitive damages — but it is not a jurisdictional prerequisite.

8.3. SB 591 (2020) elements. For any private MMPA case filed on or after August 28, 2020, the plaintiff must plead and prove the reasonable-consumer / objective-causation / certain-damages elements of RSMo § 407.025.1(2). The narrative in Section 3 (and any company response obtained through the AG/CFPB process) should be drafted to support those elements.

8.4. Use of company responses. Responses obtained through the CFPB portal or Missouri AG referral are useful evidence in any subsequent litigation, particularly to demonstrate intent under RSMo § 510.261 (clear and convincing standard for punitive damages) and to defeat any later claim of lack of notice.

8.5. 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.

8.6. Class actions and CAFA. MMPA class actions face additional restrictions under post-SB 591 RSMo § 407.025.5 (class representative must satisfy reasonable-consumer standard; attorney fees must bear "reasonable relationship" to judgment). Federal CAFA jurisdiction (28 U.S.C. § 1332(d)) may apply if class damages exceed $5 million.

9. MISSOURI PRACTICE NOTES

• Office address and contact. Missouri Attorney General Consumer Protection Division, P.O. Box 899, Jefferson City, MO 65102; office at the Supreme Court Building, 207 W. High Street, Jefferson City; Hotline (800) 392-8222; email [email protected]; online portal at https://ago.mo.gov/file-a-complaint. Confirm current contact information at https://ago.mo.gov before mailing — leadership and address details are subject to change.
• AG enforcement powers. Under RSMo § 407.040 and § 407.060, the Attorney General may issue civil investigative demands, take testimony under oath, and obtain documents. Civil enforcement under RSMo § 407.100 may seek injunctive relief, civil penalties of up to $1,000 per violation (up to $5,000 per violation when directed at elderly or disabled persons), restitution, and equitable relief.
• Missouri No-Call List. RSMo § 407.1098 prohibits unsolicited telephone solicitations to numbers on the Missouri No-Call list. Violations support both AG enforcement (civil penalty up to $5,000 per violation) and private action under MMPA. Register at https://www.ago.mo.gov/nocall.
• Data breach notification. RSMo § 407.1500 requires businesses owning or licensing personal information of Missouri residents to notify affected consumers of any breach of security and, if more than 1,000 Missouri residents are affected, to notify the AG and all nationwide consumer reporting agencies. The AG has enforcement authority and may seek civil penalties and damages on behalf of consumers.
• MMPA limitations. Five (5) years for private MMPA actions under RSMo § 516.120(2). The FDCPA period is much shorter (one year). Calendar both deadlines independently.
• Punitive damages standard. Post-SB 591, RSMo § 510.261 requires clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with deliberate and flagrant disregard for the safety of others. RSMo § 510.265 caps punitive damages at the greater of $500,000 or five times the net judgment, with narrow exceptions.
• Cross-references — Missouri specialty regulators. Industry-specific complaints may be more efficiently routed to:
• Missouri Division of Finance (state-chartered banks, mortgage lenders, consumer-credit lenders, payday lenders): https://finance.mo.gov
• Missouri Department of Commerce and Insurance (insurance, professional licensing): https://insurance.mo.gov
• Missouri Public Service Commission (utilities, telecom): https://psc.mo.gov
• Missouri Secretary of State, Securities Division (investment fraud): https://www.sos.mo.gov/securities
• Missouri Department of Revenue (tax fraud, motor vehicle / dealer matters): https://dor.mo.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 private-attorney-general or class-action firm — but mind SB 591's tightening of class-action standing and attorney-fee awards.
• Elder priority. Missouri AG gives priority to consumer matters affecting persons aged 60 and over and persons with disabilities; the elder-victim civil-penalty multiplier under RSMo § 407.100 also applies. Mark elder/disability status on the AG complaint for prioritized handling.

10. SOURCES AND REFERENCES

• Missouri AG Consumer Protection Division — https://ago.mo.gov/divisions/consumer/
• Missouri AG file a complaint — https://ago.mo.gov/file-a-complaint
• Missouri AG online complaint form (PDF) — https://app.ago.mo.gov/docs/default-source/pdf-forms/consumercomplaintform.pdf
• Missouri AG online intake portal — https://app.ago.mo.gov/app/consumercomplaint
• Missouri AG contact — https://ago.mo.gov/about-us/contact-us/
• Missouri AG No-Call List — https://www.ago.mo.gov/nocall
• Missouri AG Data Breach reporting — https://ago.mo.gov/civil-division/consumer/identity-theft-data-security/data-breaches
• RSMo § 407.010 et seq. (MMPA) — https://revisor.mo.gov/main/OneSection.aspx?section=407.010
• RSMo § 407.020 — https://revisor.mo.gov/main/OneSection.aspx?section=407.020
• RSMo § 407.025 (SB 591 reasonable-consumer / causation) — https://revisor.mo.gov/main/OneSection.aspx?section=407.025
• RSMo § 407.040 (AG investigative authority) — https://revisor.mo.gov/main/OneSection.aspx?section=407.040
• RSMo § 407.060 (Civil investigative demands) — https://revisor.mo.gov/main/OneSection.aspx?section=407.060
• RSMo § 407.100 (AG enforcement; civil penalty) — https://revisor.mo.gov/main/OneSection.aspx?section=407.100
• RSMo § 407.1500 (Data breach notification) — https://revisor.mo.gov/main/OneSection.aspx?section=407.1500
• RSMo § 510.261 (Punitive damages — clear and convincing evidence) — https://revisor.mo.gov/main/OneSection.aspx?section=510.261
• RSMo § 510.265 (Punitive damages cap) — https://revisor.mo.gov/main/OneSection.aspx?section=510.265
• RSMo § 516.120 (Five-year limitations) — https://revisor.mo.gov/main/OneSection.aspx?section=516.120
• 15 CSR 60-7 (MO AG Telephone Solicitation regulations)
• 15 CSR 60-8 (MO AG MMPA Unfair Practices regulations) — https://www.sos.mo.gov/cmsimages/adrules/csr/current/15csr/15c60-8.pdf
• 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. A regulatory complaint to the Missouri AG or the CFPB does not satisfy the SB 591 (2020) pleading and proof requirements applicable to any private MMPA action filed on or after August 28, 2020 (RSMo § 407.025.1(2)). An attorney licensed in Missouri must review and customize this document before use. Laws, citations, and court rules change frequently; verify all authorities before use.