New Jersey AG/DCA and CFPB Consumer Complaint Pack

NEW JERSEY AG/DCA AND CFPB CONSUMER COMPLAINT PACK

TABLE OF CONTENTS

1. Decision Tree — Which Agency Should I File With?
2. Document A — NJ Division of Consumer Affairs Complaint
3. Document B — CFPB Online Complaint (Federal Financial Conduct)
4. Document C — Cover Letter to NJ Office of the Attorney General
5. Document D — Records / Evidence Inventory
6. Document E — Follow-Up Letter (30 / 60 / 90 days)
7. New Jersey Practice Notes
8. Sources and References

1. DECISION TREE — WHICH AGENCY SHOULD I FILE WITH?

2. DOCUMENT A — NJ DIVISION OF CONSUMER AFFAIRS COMPLAINT

To: Office of Consumer Protection

New Jersey Division of Consumer Affairs

124 Halsey Street, P.O. Box 45025

Newark, NJ 07101

Phone: (973) 504-6200

Email: [email protected]

Online: njconsumeraffairs.gov

Date: [__/__/____]

A.1 — Consumer Information

A.2 — Business / Respondent Information

A.3 — Transaction / Conduct Details

A.4 — Nature of Complaint (check all that apply)

☐ False or misleading advertising

☐ Bait-and-switch

☐ Failure to deliver goods or services

☐ Defective goods or workmanship

☐ Refusal to honor warranty

☐ Refusal to refund

☐ Unauthorized charges

☐ Unconscionable commercial practice

☐ Failure to disclose material fact

☐ High-pressure sales tactics

☐ Door-to-door / 3-day cancellation right denied

☐ Home improvement violations (contractor)

☐ Auto dealer fraud / lemon

☐ Debt collection abuse

☐ Identity theft

☐ Unlicensed practice

☐ Other: [________]

A.5 — Narrative

Please describe what happened in chronological order. Include dates, dollar amounts, names of representatives, and quotes of any oral or written statements.

[NARRATIVE — recommend 1-3 pages; attach additional sheets if needed.]

A.6 — Resolution Sought

I am seeking the following remedy from the business:

☐ Full refund of $[AMOUNT]

☐ Partial refund of $[AMOUNT]

☐ Repair or replacement of [ITEM/SERVICE]

☐ Cancellation of contract / debt

☐ Removal of negative credit reporting

☐ Cessation of unlawful practice

☐ Other: [________]

A.7 — Documents Attached

☐ Contract / agreement

☐ Receipts / invoices

☐ Cancelled checks or credit-card statements

☐ Correspondence (letters, emails, texts)

☐ Photographs

☐ Advertisements

☐ Estimates / quotes

☐ Warranty documents

☐ Police report (if identity theft)

☐ Prior demand letter to business

☐ Other: [________]

A.8 — Authorization and Signature

I authorize the New Jersey Division of Consumer Affairs to forward a copy of this complaint and supporting documents to the business named above, to other regulatory agencies, and to law enforcement as appropriate. I certify that the information provided is true and correct to the best of my knowledge.

[________________________________]

[NAME]

Date: [__/__/____]

3. DOCUMENT B — CFPB ONLINE COMPLAINT (FEDERAL FINANCIAL CONDUCT)

B.1 — Product / Service Category

Select ONE of the CFPB categories:

☐ Debt collection

☐ Credit reporting, credit repair services, or other personal consumer reports

☐ Mortgage

☐ Credit card or prepaid card

☐ Checking or savings account

☐ Money transfer, virtual currency, or money service

☐ Payday loan, title loan, personal loan, or advance loan

☐ Student loan

☐ Vehicle loan or lease

☐ Other (specify)

B.2 — Issue / Sub-Issue

[Identify the specific CFPB-defined issue, e.g., "Attempts to collect debt not owed," "Incorrect information on your report," "Loan servicing, payments, escrow account."]

B.3 — Company Information

B.4 — What Happened (Narrative)

[Provide a clear chronological narrative. Include dates, dollar amounts, and the specific federal law(s) you believe were violated (FDCPA, FCRA, TILA, RESPA, EFTA, etc.). The narrative is published (redacted) in the public database — be factual.]

B.5 — Desired Resolution

[State the relief you seek — refund, account correction, removal of negative tradeline, cease-and-desist, etc.]

B.6 — Consumer Information

B.7 — Public Database Consent

☐ I consent to publication of my narrative in the CFPB Consumer Complaint Database (with personal identifiers redacted).

B.8 — Documents to Upload

☐ Collection notices / debt validation letters

☐ Credit reports / dispute responses

☐ Loan documents

☐ Statements

☐ Correspondence

☐ Identity theft documentation

☐ Prior dispute / complaint records

4. DOCUMENT C — COVER LETTER TO NJ OFFICE OF THE ATTORNEY GENERAL

[CONSUMER NAME / ADDRESS / DATE]

Hon. [ATTORNEY GENERAL NAME]

Attorney General of New Jersey

Richard J. Hughes Justice Complex

25 Market Street, P.O. Box 080

Trenton, NJ 08625-0080

RE: REQUEST FOR INVESTIGATION — N.J.S.A. § 56:8-3 — [BUSINESS NAME]

Dear Attorney General [NAME]:

I am writing to request that the Office of the Attorney General, through the Division of Consumer Affairs and the Division of Law, investigate the conduct of [BUSINESS NAME] under the New Jersey Consumer Fraud Act, N.J.S.A. § 56:8-1 et seq.

The conduct at issue affects [describe scope — e.g., "approximately ___ New Jersey consumers based on online reviews and BBB complaints"] and constitutes a pattern of [describe the unlawful practice].

I have filed a formal complaint with the Division of Consumer Affairs (a copy is enclosed). I respectfully request:

1. Investigation under N.J.S.A. § 56:8-3 and use of subpoena power under § 56:8-4 if warranted;

2. Imposition of civil penalties under N.J.S.A. § 56:8-13 (up to $10,000 first offense, $20,000 each subsequent);

3. An action under N.J.S.A. § 56:8-8 for restitution to affected consumers and injunctive relief; and

4. Coordination with the Consumer Financial Protection Bureau, Federal Trade Commission, or other federal regulators as appropriate.

Thank you for your consideration.

Sincerely,

[________________________________]

[CONSUMER NAME]

Enclosures: NJ DCA Complaint and supporting documents.

5. DOCUMENT D — RECORDS / EVIDENCE INVENTORY

6. DOCUMENT E — FOLLOW-UP LETTER (30 / 60 / 90 DAYS)

[CONSUMER NAME / ADDRESS / DATE]

To: [Investigator / Case Handler Name]

[Agency Name]

[Agency Address]

RE: STATUS REQUEST — Case No. [________] — [Consumer Name v. Business Name]

Dear [NAME]:

I am writing to request a status update on the above-referenced complaint, filed on [__/__/____]. As of today, [XX] days have elapsed without [a substantive response / a final disposition].

Since the original filing, the following has occurred:

1. [New conduct, new charges, new collection attempts, etc.]

2. [Any new evidence obtained]

3. [Any communication from the business]

I respectfully request:

☐ Confirmation that the matter remains under active investigation;

☐ Identification of the assigned investigator and contact information;

☐ An estimated timeline for resolution; and

☐ Information regarding any next steps required of me.

I reserve all rights to pursue private remedies, including under the New Jersey Consumer Fraud Act (N.J.S.A. § 56:8-19, providing mandatory treble damages, attorneys' fees, and costs), the FDCPA, the FCRA, and any other applicable law.

Thank you for your continued attention to this matter.

Sincerely,

[________________________________]

[CONSUMER NAME]

7. NEW JERSEY PRACTICE NOTES

• NJ DCA powers and limits. NJ DCA is part of the Office of the Attorney General. It may investigate, subpoena records (N.J.S.A. § 56:8-4), mediate, and refer for civil enforcement or criminal prosecution. It does not award damages to consumers; the Attorney General can sue for restitution under § 56:8-8, and a private consumer must pursue private NJCFA litigation for damages.
• NJCFA private remedy. N.J.S.A. § 56:8-19 authorizes a private right of action and mandates threefold damages, reasonable attorneys' fees, filing fees, and costs of suit. Filing an administrative complaint does not toll the 6-year statute of limitations on private claims.
• CFPB complaint database. Public-facing, searchable. Companies regulated by CFPB are required to respond within 15 days, with a final response within 60 days. Pattern complaints attract supervisory and enforcement attention.
• Parallel filings. Filing with both NJ DCA and CFPB is generally appropriate for federally regulated financial conduct (debt collection, credit reporting, mortgages, payday loans, etc.). Each agency operates independently.
• Specialized NJ regulators. Mortgages and banks: NJ Department of Banking & Insurance (DOBI); insurance: DOBI; utilities: NJ Board of Public Utilities; healthcare professionals: NJ DCA Boards.
• Service members. NJ DCA and CFPB both flag complaints from service members and veterans for priority handling. JAG legal assistance is available on military installations.
• Senior consumers (60+). NJ DCA gives priority to complaints involving senior consumers and may refer to the County Office on Aging.
• Recordkeeping. NJ DCA case numbers are issued upon receipt; CFPB complaint IDs are issued instantly. Keep both.
• No retaliation. Filing an administrative complaint is protected activity. If a business retaliates (e.g., reports a disputed debt as defamation, threatens suit), additional NJCFA and FDCPA exposure may attach.

8. SOURCES AND REFERENCES

• New Jersey Division of Consumer Affairs — https://www.njconsumeraffairs.gov/
• NJ DCA Office of Consumer Protection — https://www.njconsumeraffairs.gov/ocp
• NJ DCA Complaint Forms — https://www.njconsumeraffairs.gov/Pages/Complaints.aspx
• New Jersey Consumer Fraud Act — https://www.njconsumeraffairs.gov/statutes/consumer-fraud-act.pdf
• N.J.S.A. § 56:8-1 et seq. — https://law.justia.com/codes/new-jersey/title-56/
• CFPB Consumer Complaint Portal — https://www.consumerfinance.gov/complaint/
• CFPB Consumer Complaint Database — https://www.consumerfinance.gov/data-research/consumer-complaints/
• NJ Office of the Attorney General — https://www.njoag.gov/
• NJ Department of Banking & Insurance — https://www.nj.gov/dobi/
• FTC Consumer Complaint — https://reportfraud.ftc.gov/
• IdentityTheft.gov — https://www.identitytheft.gov/

Disclaimer: This pack is provided for informational purposes only and does not constitute legal advice. Filing an administrative complaint does not toll any statute of limitations on private claims. Consult a New Jersey-licensed attorney about parallel civil litigation, particularly to preserve mandatory treble damages and attorneys' fees under N.J.S.A. § 56:8-19.