North Dakota AG and CFPB Consumer Complaint Pack

NORTH DAKOTA AG AND CFPB CONSUMER COMPLAINT PACK

1. Routing Screen

1.1 North Dakota Attorney General

The North Dakota Attorney General's current consumer-complaint page accepts a complaint from:

☐ A North Dakota resident

☐ A person living elsewhere whose dispute involves a transaction with a North Dakota business

The office does not process, act on, or keep anonymous complaints. After screening, it may refer a complaint to another agency. If the matter is within its authority, the office states that it will try to mediate a resolution and may refer the complainant to a private attorney if mediation is unsuccessful.

Current filing page: https://attorneygeneral.nd.gov/consumer-resources/consumer-complaints/

1.2 Consumer Financial Protection Bureau

Use the CFPB route for a complaint about a consumer financial product or service. The current portal identifies categories including:

☐ Bank account or service

☐ Credit card or prepaid card

☐ Credit reporting or another consumer report

☐ Debt collection

☐ Debt or credit management

☐ Money transfer, virtual currency, or money service

☐ Mortgage

☐ Payday, title, installment, or other personal loan

☐ Student loan

☐ Vehicle loan or lease

☐ Another financial product or service accepted by the current portal

Current filing page: https://www.consumerfinance.gov/complaint/

1.3 Routing Decision

Selected route(s) and reason: [_____________________________________________________]

2. Consumer and Business Information

2.1 Consumer

2.2 Subject Business

3. Factual Narrative

3.1 What Happened

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

Describe who did what, when it occurred, what was represented, what you relied on, and what documents support each statement. Separate facts from legal conclusions.

3.2 Consumer's Prior Steps

3.3 Harm and Requested Resolution

Out-of-pocket loss: $[________________________________]

Other documented harm: [___________________________________________________________]

Requested business response:

☐ Refund or credit of $[________________________________]

☐ Correct an account or consumer-report entry

☐ Stop specified collection or communication conduct

☐ Provide documents or an accounting

☐ Close or restore an account

☐ Another specific resolution: [_______________________________________________________]

4. Evidence Index

Attach copies or uploads in the manner required by the current filing channel. Confirm that every required field remains readable.

For a CFPB complaint, the current page states that supporting documents are limited to 50 pages.

5. North Dakota Legal-Issue Screen

This section helps counsel identify possible issues; it does not state that a violation occurred.

5.1 Unlawful Sales or Advertising Practices

N.D.C.C. § 51-15-02 addresses conduct in connection with the sale or advertisement of merchandise, a term that includes goods, services, intangibles, real estate, and charitable contributions under § 51-15-01.

☐ Deceptive act or practice, fraud, false pretense, false promise, or misrepresentation made with intent that others rely on it

☐ Unconscionable act or practice

☐ Act or practice likely to cause substantial injury that is not reasonably avoidable and is not outweighed by countervailing benefits to consumers or competition

Facts supporting the selected issue: [______________________________________________]

5.2 Collection-Agency Licensing

N.D.C.C. § 13-05-01 assigns administration and enforcement of ch. 13-05 to the Department of Financial Institutions. Section 13-05-02 generally requires a collection-agency license for debt collection in North Dakota and states that a person engages in collection in North Dakota if the debtor resides in North Dakota. Section 13-05-02.3 lists exemptions.

☐ The debtor resides in North Dakota

☐ The business appears to be collecting debt owed or asserted to be owed another

☐ No applicable § 13-05-02.3 exemption has been identified

☐ License status needs confirmation

5.3 Security-Breach Notice

☐ A covered breach may trigger resident or Attorney General notice under N.D.C.C. § 51-30-02

☐ A data maintainer may owe immediate notice to the owner or licensee under § 51-30-03

☐ The Attorney General threshold is a breach exceeding 250 individuals

☐ Another sector-specific law may apply

6. North Dakota Attorney General Submission

6.1 Filing Method

☐ File through the current online complaint link

☐ Download the current complaint form from the official page and mail it using the address printed on that form

Consumer Protection phone: (701) 328-3404

North Dakota toll-free phone: (800) 472-2600

6.2 Complaint Supplement

Date: [__/__/____]

Complainant: [NAME, ADDRESS, PHONE, EMAIL]

Subject business: [NAME, ADDRESS, PHONE, WEBSITE, ACCOUNT / REFERENCE]

Transaction or conduct dates: [________________________________]

Summary:

[____________________________________________________________]

[____________________________________________________________]

Potential North Dakota issue reviewed by counsel:

☐ N.D.C.C. § 51-15-02

☐ N.D.C.C. § 13-05-02

☐ N.D.C.C. ch. 51-30

☐ Other: [________________________________]

Requested mediated resolution: [___________________________________________________]

Attachments: Exhibits [________________________________]

I certify that the information submitted is true and complete to the best of my knowledge. I understand that the Attorney General may screen or refer the complaint and that agency complaint handling does not replace advice or representation by my own attorney.

[________________________________]

Complainant Signature

[__/__/____]

Date

7. CFPB Submission Worksheet

7.1 Filing Method

☐ Online at https://www.consumerfinance.gov/complaint/

☐ If unable to submit online, by phone at (855) 411-2372

☐ TTY/TDD at (855) 729-2372

The current CFPB page lists phone service from 9 a.m. to 6 p.m. Eastern Time, Monday through Friday, except federal holidays.

7.2 Information to Prepare

7.3 Current CFPB Process

The current CFPB complaint page describes these steps:

1. The consumer submits a complaint and receives email status updates.
2. The CFPB routes the complaint to the company or, when another agency is better able to assist, sends it to that agency and informs the consumer.
3. Companies generally respond in 15 days. In some cases, the company identifies the response as in progress and provides a final response in 60 days.
4. The CFPB publishes complaint data without information that directly identifies the consumer. With the consumer's consent, it may publish the consumer's narrative after taking steps to remove personal information.
5. After the company responds, the consumer has 60 days to provide feedback.

CFPB confirmation / complaint number: [________________________________]

Company response date: [__/__/____]

Consumer feedback deadline: [__/__/____]

8. Follow-Up and Limitation Safeguards

☐ Saved the complete submission and confirmation

☐ Saved every agency and company response

☐ Updated the evidence and communication log

☐ Reviewed whether a court, contractual dispute, arbitration, or regulator deadline applies

☐ Consulted counsel before allowing a claim deadline to expire

☐ Did not assume that an AG or CFPB complaint tolls any limitation period

North Dakota Consumer-Fraud Timing

N.D.C.C. § 51-15-12 states that an action for relief under ch. 51-15 is barred unless commenced within four years after accrual and provides that accrual is not deemed to occur until the aggrieved party discovers the facts constituting the violation. Counsel must determine accrual, discovery, parties, claims, and any other controlling rule.

9. Remedies Reference for Counsel

• Under N.D.C.C. § 51-15-07, the Attorney General may seek an injunction and relief necessary to restore money or property acquired through an unlawful practice; the section also contains cease-and-desist procedures and a separate penalty for violating such an order.
• Under § 51-15-11, a court may assess for the state a civil penalty of not more than $5,000 for each violation of ch. 51-15.
• Under § 51-15-09, ch. 51-15 does not bar a qualifying claim for relief by a person whose money or property was acquired by an unlawful practice. If the court finds knowing conduct, it may award up to three times proven actual damages and must award costs, disbursements, and actual reasonable attorney's fees.
• Under N.D.C.C. § 51-30-07, the Attorney General may enforce ch. 51-30 through ch. 51-15 powers and remedies, and the breach chapter states that its causes of action, remedies, and penalties are nonexclusive.

Sources and References

• North Dakota Attorney General, Consumer Complaints: https://attorneygeneral.nd.gov/consumer-resources/consumer-complaints/
• North Dakota Century Code ch. 51-15, Unlawful Sales or Advertising Practices: https://ndlegis.gov/cencode/t51c15.pdf
• North Dakota Century Code ch. 51-30, Notice of Security Breach for Personal Information: https://ndlegis.gov/cencode/t51c30.pdf
• North Dakota Century Code ch. 13-05, Collection Agencies: https://ndlegis.gov/cencode/t13c05.pdf
• CFPB, Submit a Complaint: https://www.consumerfinance.gov/complaint/
• 12 U.S.C. § 5493, Administration: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5493&num=0&edition=prelim