Montana AG and CFPB Consumer Complaint Pack

MONTANA AG (OCP) AND CFPB COMPLAINT PACK

TABLE OF CONTENTS

1. Routing Decision Matrix
2. Complainant Information
3. Respondent / Business Information
4. Statement of Facts
5. Specific Statutes and Rules Allegedly Violated
6. Documents Enclosed
7. Relief / Action Requested
8. Authorization and Privacy Notice
9. Cover Letter — Montana Office of Consumer Protection
10. Cover Letter — Consumer Financial Protection Bureau
11. Verification
12. Submission Checklist
13. Practice Notes
14. Sources and References

1. ROUTING DECISION MATRIX

2. COMPLAINANT INFORMATION

3. RESPONDENT / BUSINESS INFORMATION

4. STATEMENT OF FACTS

4.1. On or about [__/__/____], I entered into the following transaction with the Respondent: [describe the transaction — purchase of goods, opening of an account, debt placed for collection, etc.].

4.2. The Respondent's conduct that I am complaining about is as follows: [describe in chronological order; attach a separate continuation sheet if needed].

4.3. Specifically, the Respondent did the following acts that I believe were unfair, deceptive, or unlawful:

• ☐ Made false or misleading representations about [___];
• ☐ Failed to disclose material facts, specifically [___];
• ☐ Charged amounts not authorized by contract or by law, specifically [___];
• ☐ Refused to honor a valid warranty, return policy, or contractual right;
• ☐ Used abusive, harassing, or threatening collection tactics;
• ☐ Reported inaccurate information to a consumer reporting agency;
• ☐ Failed to comply with required state or federal disclosures;
• ☐ Other: [___].

4.4. I attempted to resolve this dispute directly with the Respondent on [__/__/____] by [telephone / written letter / email / in-person meeting]. The Respondent's response was [describe — e.g., refused to refund, hung up, no response].

4.5. As a result of the Respondent's conduct, I have suffered the following losses:

• Out-of-pocket monetary loss: $[AMOUNT];
• Time lost (hours): [___];
• Damage to credit: ☐ Yes ☐ No — describe: [___];
• Other harm (anxiety, missed work, etc.): [___].

5. SPECIFIC STATUTES AND RULES ALLEGEDLY VIOLATED

Montana Consumer Protection Act

• ☐ Mont. Code Ann. § 30-14-103 (unfair or deceptive acts or practices in trade or commerce);
• ☐ Mont. Code Ann. § 30-14-1704 (failure to provide breach notification);
• ☐ Mont. Code Ann. § 30-14-144 (enhanced penalty for unfair or deceptive acts against vulnerable adult);
• ☐ Other Montana statute or rule: [___].

Federal Consumer-Protection Statutes

• ☐ 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. / Reg. Z;
• ☐ Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 et seq. / Reg. X;
• ☐ Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq. / Reg. E;
• ☐ Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq. / Reg. B;
• ☐ Telephone Consumer Protection Act, 47 U.S.C. § 227;
• ☐ Consumer Financial Protection Act (UDAAP), 12 U.S.C. § 5536;
• ☐ Other: [___].

6. DOCUMENTS ENCLOSED

I am enclosing copies (NOT originals — please retain originals for your records) of the following:

• ☐ Contract, sales receipt, or invoice;
• ☐ Warranty or return policy;
• ☐ Cancelled check(s) or bank statement;
• ☐ Correspondence with the Respondent (letters, emails, text screenshots);
• ☐ Collection notices or demand letters;
• ☐ Consumer reports showing disputed item;
• ☐ Photographs;
• ☐ Police report(s) (Identity theft);
• ☐ Other: [___].

7. RELIEF / ACTION REQUESTED

I respectfully request that the agency:

• ☐ Investigate the Respondent's practices under MCA § 30-14-111 / 12 U.S.C. § 5562;
• ☐ Mediate a resolution between me and the Respondent;
• ☐ Refer the matter for enforcement action, including injunctive relief, restitution, and civil penalties under MCA § 30-14-142;
• ☐ Refer the matter to a criminal prosecutor (e.g., County Attorney) where the conduct may also constitute a crime such as theft (MCA § 45-6-301), deceptive practices (MCA § 45-6-317), or theft of identity (MCA § 45-6-332);
• ☐ Provide me with a written response describing the action taken;
• ☐ Provide me with information about additional resources (legal aid, mediation, private counsel referral);
• ☐ Other: [___].

8. AUTHORIZATION AND PRIVACY NOTICE

8.1. I authorize the receiving agency to share a copy of this complaint with the Respondent and request a written response from the Respondent.

8.2. I understand that filing a complaint with a government agency is not a substitute for filing a private lawsuit and does not toll, extend, or otherwise affect any applicable statute of limitations. Private claims must be filed within their applicable limitations periods (e.g., FDCPA: 1 year; MCPA: typically 2 years; FCRA: 2 years from discovery, 5-year repose).

8.3. I authorize the agency to share information from this complaint with other federal, state, and local consumer-protection or law-enforcement agencies as appropriate.

8.4. I certify that, to the best of my knowledge, information, and belief, the statements made in this complaint are true and complete.

9. COVER LETTER — MONTANA OFFICE OF CONSUMER PROTECTION

[COMPLAINANT NAME]

[ADDRESS]

Date: [__/__/____]

Office of Consumer Protection

Montana Department of Justice

P.O. Box 200151

Helena, MT 59620-0151

(406) 444-4500 / Toll-free (800) 481-6896

Email / online intake: dojmt.gov/consumer

RE: Consumer Complaint Against [BUSINESS NAME]

To Whom It May Concern:

Please find enclosed my completed consumer complaint, signed in original ink, together with copies of supporting documents. I respectfully request that your office (1) open a file, (2) forward a copy of the complaint to the Respondent for written response, and (3) consider any appropriate enforcement action under the Montana Consumer Protection Act, Mont. Code Ann. § 30-14-101 et seq.

I understand that the OCP cannot provide me with legal advice or represent me in private litigation. I have not retained counsel for this matter at this time / I have retained counsel as listed in Section 2 above.

Please direct any correspondence to me at the address above. Thank you for your assistance.

Respectfully,

[________________________________]

[COMPLAINANT NAME — printed]

Enclosures: Complaint Form (signed original); supporting documents per Section 6.

10. COVER LETTER — CONSUMER FINANCIAL PROTECTION BUREAU

[COMPLAINANT NAME]

[ADDRESS]

Date: [__/__/____]

Consumer Financial Protection Bureau

P.O. Box 2900

Clinton, IA 52733-2900

Online intake: consumerfinance.gov/complaint

Telephone: (855) 411-2372 (TTY 855-729-2372)

RE: Consumer Complaint Against [BUSINESS NAME] — Consumer Financial Product / Service

To Whom It May Concern:

I am submitting the attached consumer complaint regarding a "consumer financial product or service" as defined by 12 U.S.C. § 5481(5). The Respondent is a [debt collector / consumer reporting agency / mortgage servicer / other] subject to CFPB supervisory or enforcement jurisdiction under 12 U.S.C. § 5514 / § 5515.

I respectfully request that your bureau (1) accept the complaint into the Consumer Complaint Database, (2) forward it to the Respondent for company response under the CFPB's "Notice and Opportunity to Respond and Participate" procedure, and (3) consider any further investigative or enforcement action that may be warranted under the Consumer Financial Protection Act of 2010, 12 U.S.C. § 5531 (UDAAP), or any other federal consumer financial law administered by the bureau.

I have also filed a parallel complaint with the Montana Office of Consumer Protection.

Respectfully,

[________________________________]

[COMPLAINANT NAME — printed]

Enclosures: Complaint Form; supporting documents per Section 6.

11. VERIFICATION

I declare under penalty of perjury under the laws of the State of Montana and the United States that the foregoing complaint, statements, and attached documents are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Montana.

[________________________________]

[COMPLAINANT NAME — printed]

12. SUBMISSION CHECKLIST

• ☐ Form is signed and dated (original ink for OCP);
• ☐ All blank fields completed or marked "N/A";
• ☐ All exhibit copies attached and labeled;
• ☐ SSN, account numbers, and dates of birth REDACTED to last 4 digits on copies sent to non-secure recipients;
• ☐ Certified mail receipt obtained for OCP submission (Article No. [___]);
• ☐ CFPB online intake completed and printable confirmation saved (Reference No. [___]);
• ☐ Personal copy of entire packet retained;
• ☐ Calendar reminder set for 30, 60, and 90-day follow-up;
• ☐ Statute-of-limitations dates for any underlying private claims docketed and tracked separately.

13. PRACTICE NOTES

• OCP scope. The Montana Office of Consumer Protection enforces the Montana Consumer Protection Act on behalf of the public; it does not represent individual consumers in private litigation. It can investigate, mediate, and bring enforcement actions seeking injunctive relief, restitution, and civil penalties (up to $10,000 per violation under MCA § 30-14-142).
• CFPB scope. The CFPB has supervisory and enforcement authority over "covered persons" providing consumer financial products or services (mortgage, payday, private student lending, debt collection, consumer reporting, etc.). It does NOT have authority over auto dealers (with narrow exceptions), insurance, or the practice of law.
• Rohrer exemption. Rohrer v. Knudson, 2009 MT 35, recognized that conduct subject to a separate comprehensive Montana regulatory scheme (insurance under Title 33, securities under Title 30, Chapter 10) is exempt from the MCPA. Direct insurance and securities complaints to the Commissioner of Securities and Insurance instead of OCP.
• Vulnerable adult enhancement. MCA § 30-14-144 imposes an additional civil penalty of up to $10,000 per violation when the unfair or deceptive act was committed against a vulnerable adult (60+ or disabled). Identify the complainant's status when applicable.
• Data-breach notice to AG. MCA § 30-14-1704(8) requires any person required to provide breach notice to also notify the Office of Consumer Protection. The OCP maintains a public list of breach notices at dojmt.gov.
• Servicemember complaints. The CFPB's Office of Servicemember Affairs gives priority handling to active-duty servicemember complaints. Identify status in the intake.
• Statute of limitations preservation. Filing an administrative complaint does NOT toll private statutes of limitations. Calendar private deadlines (FDCPA — 1 year; FCRA — 2/5 years; MCPA — typically 2 years under MCA § 27-2-211) independently and consult counsel on whether to file suit before the period runs.
• Public records. OCP complaints may be subject to disclosure under Montana's right to know provisions (Mont. Const. Art. II, § 9). Mark personal identifying information accordingly.

14. SOURCES AND REFERENCES

• Montana Department of Justice — Office of Consumer Protection — https://dojmt.gov/consumer/
• Montana DOJ Consumer Complaint Form (DOJ-100) — https://dojmt.gov/wp-content/uploads/100-Consumer-Complaint-Form.pdf
• Mont. Code Ann. § 30-14-101 et seq. — https://mca.legmt.gov/bills/mca/title_0300/chapter_0140/part_0010/sections_index.html
• Mont. Code Ann. § 30-14-111 (Department to restrain unlawful acts) — https://mca.legmt.gov/bills/mca/title_0300/chapter_0140/part_0010/section_0110/0300-0140-0010-0110.html
• Mont. Code Ann. § 30-14-133 — https://law.justia.com/codes/montana/title-30/chapter-14/part-1/section-30-14-133/
• Mont. Code Ann. § 30-14-1704 (Breach notification) — https://mca.legmt.gov/bills/mca/title_0300/chapter_0140/part_0170/section_0040/0300-0140-0170-0040.html
• Reporting Requirements for Data Breaches (DOJ) — https://dojmt.gov/office-of-consumer-protection/reporting-requirements-for-data-breaches/
• Rohrer v. Knudson, 2009 MT 35 — https://caselaw.findlaw.com/court/mt-supreme-court/1432007.html
• CFPB Consumer Complaint System — https://www.consumerfinance.gov/complaint/
• 12 U.S.C. § 5481 (Definitions) — https://www.law.cornell.edu/uscode/text/12/5481
• 12 U.S.C. § 5534 (Consumer complaints)
• FTC Consumer Sentinel — https://reportfraud.ftc.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Filing an administrative complaint does not toll statutes of limitations on private claims. Consult a licensed Montana attorney before filing if you are considering civil litigation. Laws, agency procedures, and addresses change frequently; verify all contact information and authorities before submission.