North Dakota AG and CFPB Consumer Complaint Pack

NORTH DAKOTA AG AND CFPB CONSUMER COMPLAINT PACK

TABLE OF CONTENTS

1. Overview and Routing Decision Tree
2. Consumer Information Worksheet
3. Subject of Complaint (Business / Collector / Furnisher)
4. Narrative of the Conduct
5. Documentary Evidence Index
6. North Dakota Attorney General Complaint
7. CFPB Complaint
8. Companion Agency Filings
9. Action Checklist and Follow-Up
10. North Dakota Practice Notes
11. Sources and References

1. OVERVIEW AND ROUTING DECISION TREE

2. CONSUMER INFORMATION WORKSHEET

3. SUBJECT OF COMPLAINT (BUSINESS / COLLECTOR / FURNISHER)

4. NARRATIVE OF THE CONDUCT

4.1. What happened. [Plain-language chronological narrative — who, what, when, where, why you believe it is unfair, deceptive, or unlawful. 250–750 words is ideal. Avoid legal conclusions; describe conduct.]

4.2. What law you believe was violated (optional but helpful). [Cite FDCPA, FCRA, NDCFA § 51-15-02, NDCAA ch. 13-05, ND Security Breach ch. 51-30, etc.]

4.3. What you have done so far. [Disputes filed, dates of phone calls, certified-mail validation requests, identity-theft affidavits, prior complaints.]

4.4. What you want to happen. [Specific resolution — refund, credit-line correction, account closure, license review, public enforcement action.]

4.5. Harm suffered. [Out-of-pocket loss, denied credit, lost time from work, emotional distress, damaged credit score, etc.]

5. DOCUMENTARY EVIDENCE INDEX

6. NORTH DAKOTA ATTORNEY GENERAL COMPLAINT

6.1. Filing Channels

Online (preferred): https://attorneygeneral.nd.gov/consumer-resources/consumer-complaints/

Email: [email protected]

Mail:

Office of Attorney General

Consumer Protection and Antitrust Division

600 E. Boulevard Avenue, Dept. 125

Bismarck, ND 58505-0040

Operations Office (Consumer Protection and Antitrust):

1720 Burlington Drive, Suite C

Bismarck, ND 58504

Phone: (701) 328-3404 / (800) 472-2600 (toll-free in North Dakota)

Website: https://attorneygeneral.nd.gov/

6.2. Complaint Letter Template

DATE: [__/__/____]

TO: Office of Attorney General — Consumer Protection and Antitrust Division

RE: Consumer Complaint — [BUSINESS NAME] — Conduct on or about [__/__/____]

Dear Consumer Protection and Antitrust Division:

I am submitting this complaint pursuant to N.D.C.C. § 51-15-01 et seq. (North Dakota Consumer Fraud Act) and, where applicable, N.D.C.C. ch. 51-30 (Notice of Security Breach for Personal Information) and N.D.C.C. ch. 13-05 (Collection Agencies).

Complainant: [NAME, ADDRESS, PHONE, EMAIL]

Subject of Complaint: [BUSINESS NAME, ADDRESS, PHONE, REGISTERED AGENT, LICENSE NO.]

Summary of Conduct: [See § 4 narrative; attach as supplement.]

Statutes I Believe Were Violated:

• ☐ N.D.C.C. § 51-15-02 (deceptive acts or practices in connection with the sale or advertisement of merchandise)
• ☐ N.D.C.C. § 13-05-02 (unlicensed collection agency)
• ☐ N.D.C.C. ch. 51-30 (data security breach notification)
• ☐ N.D.C.C. § 12.1-23-11 (unauthorized use of personal identifying information)
• ☐ Federal: 15 U.S.C. § 1692 (FDCPA) / § 1681 (FCRA) / § 1693 (EFTA)

Resolution Sought:

• ☐ Refund of $[AMT]
• ☐ Cease-and-desist directive
• ☐ Public enforcement action / civil penalty under N.D.C.C. § 51-15-11 (up to $5,000 per violation)
• ☐ License revocation referral to the ND Department of Financial Institutions or other regulator
• ☐ Restitution and disgorgement
• ☐ Injunctive relief
• ☐ Other: [___]

Authorization to Forward. I authorize the Attorney General to forward this complaint and supporting documents to the subject business and to other state, federal, or self-regulatory agencies as the office deems appropriate. I understand that the Attorney General does not represent me individually.

Enclosed: Exhibits A–[__] (see § 5 index).

Sincerely,

[________________________________]

[CONSUMER NAME]

7. CFPB COMPLAINT

7.1. Filing Channels

Online (preferred): https://www.consumerfinance.gov/complaint/

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

Mail:

Consumer Financial Protection Bureau

P.O. Box 27170

Washington, DC 20038

7.2. Online Portal Worksheet

7.3. CFPB Process Notes

• The company has 15 calendar days to provide an initial response and 60 days to provide a final response.
• You will receive a tracking number; save it.
• After receiving the company response, you have 60 days to provide feedback (helpful / not helpful) — use this window to escalate.
• Most CFPB complaints are published in the public Consumer Complaint Database with personally identifying information redacted.

8. COMPANION AGENCY FILINGS

9. ACTION CHECKLIST AND FOLLOW-UP

• ☐ Drafted narrative (§ 4) — neutral, factual, exhibit-referenced
• ☐ Indexed exhibits (§ 5) and redacted PII
• ☐ Filed North Dakota AG complaint (date: [__/__/____], confirmation: [___])
• ☐ Filed CFPB complaint (date: [__/__/____], tracking no.: [___])
• ☐ Filed companion agency complaints (list: [___])
• ☐ Calendared 15-day CFPB initial response date
• ☐ Calendared 60-day CFPB final response date
• ☐ Calendared 30-day North Dakota AG response check-in
• ☐ Logged all post-filing communications from agency or company
• ☐ Calendared FDCPA 1-year and NDCFA 6-year civil-suit deadlines
• ☐ Consulted attorney about parallel civil action
• ☐ Retained complete file (electronic + paper) for 3+ years

10. NORTH DAKOTA PRACTICE NOTES

• AG enforcement. The North Dakota Attorney General enforces the NDCFA in the public interest and may obtain civil penalties of up to $5,000 per violation under N.D.C.C. § 51-15-11, restitution, disgorgement, and injunctions. Private consumers retain their own § 51-15-09 right of action.
• Private treble damages and mandatory fees. Under N.D.C.C. § 51-15-09, a knowing NDCFA violation entitles the consumer to up to three times actual damages (court's discretion) and mandatory costs, disbursements, and reasonable attorney's fees. This is a meaningful private remedy and a strong settlement lever.
• Exemplary damages. North Dakota permits exemplary damages under N.D.C.C. § 32-03.2-11 on a showing of oppression, fraud, or actual malice, but only after a court order on a prima facie evidentiary showing. Do not include exemplary damages in the initial pleading.
• Data-breach notification overlay. Where the underlying conduct involves a security breach affecting more than 250 North Dakota residents, the breaching entity must notify the AG under N.D.C.C. § 51-30-02; civil penalties up to $5,000 per offense are available under § 51-30-07.
• CFPB scope. The CFPB has jurisdiction over consumer financial products and services; it does not handle pure consumer-goods complaints (e.g., defective appliances), insurance, or securities. For those, file with the North Dakota AG and the relevant agency.
• Public database disclosure. CFPB complaints are published with PII removed. Consumers can opt out of public disclosure of the narrative.
• Limitation periods are NOT tolled. Filing administrative complaints does not extend the FDCPA 1-year, NDCFA 6-year, or FCRA 2-year statutes of limitations. Consult counsel about parallel civil filing.
• No anonymous complaints. The North Dakota AG does not process anonymous complaints; complainants must identify themselves and provide contact information.
• Servicemember and elder enhancements. Identify servicemember status and age 60+ in both filings. Both agencies and the AG's office triage these complaints with priority.
• Coordination. The North Dakota AG and CFPB share information on multi-state collectors and creditors. A complaint to one may inform investigation by the other.

11. SOURCES AND REFERENCES

• North Dakota Attorney General — Consumer Resources — https://attorneygeneral.nd.gov/consumer-resources/
• North Dakota Attorney General — Consumer Complaints — https://attorneygeneral.nd.gov/consumer-resources/consumer-complaints/
• North Dakota Attorney General — Contact Us — https://attorneygeneral.nd.gov/attorney-generals-office/contact-us/
• North Dakota Attorney General — Main Site — https://attorneygeneral.nd.gov/
• CFPB Submit a Complaint — https://www.consumerfinance.gov/complaint/
• CFPB Consumer Complaint Database — https://www.consumerfinance.gov/data-research/consumer-complaints/
• N.D.C.C. ch. 51-15 (Consumer Fraud / Unlawful Sales or Advertising Practices) — https://ndlegis.gov/cencode/t51c15.pdf
• N.D.C.C. § 51-15-09 (private right of action; treble damages; fees) — https://codes.findlaw.com/nd/title-51-sales-and-exchanges/nd-cent-code-sect-51-15-09.html
• N.D.C.C. § 51-15-10 (AG enforcement) — https://ndlegis.gov/cencode/t51c15.html
• N.D.C.C. § 51-15-11 (civil penalties) — https://ndlegis.gov/cencode/t51c15.html
• N.D.C.C. ch. 51-30 (Notice of Security Breach) — https://ndlegis.gov/cencode/t51c30.pdf
• N.D.C.C. ch. 13-05 (Collection Agencies) — https://ndlegis.gov/cencode/t13c05.pdf
• North Dakota Department of Financial Institutions — https://www.nd.gov/dfi/
• North Dakota Insurance Department — https://www.insurance.nd.gov/
• ND Securities Department — https://www.nd.gov/securities/
• FTC IdentityTheft.gov — https://www.identitytheft.gov/
• FTC DoNotCall.gov — https://www.donotcall.gov/

Disclaimer: This template is for informational purposes only and does not constitute legal advice. Filing administrative complaints is not a substitute for consulting a North Dakota-licensed attorney about your civil rights and remedies. Filing does not toll any statute of limitations.