Vermont AG and CFPB Consumer Complaint Pack

VERMONT AG AND CFPB COMPLAINT PACK

TABLE OF CONTENTS

1. Cover Letter / Filing Index
2. Consumer Information
3. Subject of Complaint
4. Statement of Facts
5. Statutory Violations Alleged
6. Damages and Relief Sought
7. Authorization to Share with Subject Company
8. Exhibit Index
9. Verification
10. Filing Routes — Vermont AG and CFPB
11. Vermont Practice Notes
12. Sources and References

1. COVER LETTER / FILING INDEX

Date: [__/__/____]

To: Consumer Assistance Program
Office of the Attorney General
109 State Street
Montpelier, VT 05609-1001
Telephone: (800) 649-2424
Email: [email protected]
Online: https://ago.vermont.gov/cap

To: Consumer Financial Protection Bureau
P.O. Box 27170
Washington, DC 20038
Online: https://www.consumerfinance.gov/complaint/

Re: Consumer Complaint Against [SUBJECT COMPANY NAME]

Dear Consumer Protection Officials:

I respectfully submit this complaint and supporting exhibits regarding the conduct of [SUBJECT COMPANY]. I request investigation and any appropriate enforcement, restitution, or referral. I authorize the agency to share a copy of this complaint with the subject company in accordance with its standard practices.

Sincerely,

[________________________________]

[CONSUMER NAME]

2. CONSUMER INFORMATION

3. SUBJECT OF COMPLAINT

4. STATEMENT OF FACTS

4.1. On [__/__/____], [describe initial contact / transaction].

4.2. [Subject company] represented to me that [describe representations made — quote where possible]. (See Exhibit A.)

4.3. In reliance on those representations, I [describe action taken — paid, signed, gave information], paying $[AMOUNT] by [METHOD]. (See Exhibit B.)

4.4. The actual product / service / outcome was [describe what consumer received vs. what was promised].

4.5. I attempted to resolve the matter directly with the company by [phone/letter/email on dates]. The company's response was [describe]. (See Exhibits C-D.)

4.6. As a result of the company's conduct, I have suffered [describe financial loss, time loss, emotional impact, credit damage, etc.], totaling approximately $[AMOUNT].

4.7. [Add additional paragraphs as facts require — e.g., third-party witnesses, other affected consumers, prior complaints, regulatory actions.]

5. STATUTORY VIOLATIONS ALLEGED

I believe [Subject Company]'s conduct violates one or more of the following laws. I respectfully ask the agencies to evaluate each:

Vermont Law:

☐ Vermont Consumer Protection Act, 9 V.S.A. § 2453 — unfair methods of competition and unfair or deceptive acts or practices in commerce.

☐ 9 V.S.A. § 2461(a) — civil penalty (up to $10,000 per violation upon AG enforcement).

☐ Vermont Security Breach Notice Act, 9 V.S.A. § 2435 — failure to notify consumer / Attorney General of data breach.

☐ Vermont Consumer Protection Rule CF 104 (Debt Collection) — abusive, deceptive, or unfair debt-collection practices.

☐ Vermont Home Improvement Fraud / Door-to-Door Sales — 9 V.S.A. ch. 63, subch. 1A (where applicable).

☐ Vermont Motor Vehicle Warranty Act ("Lemon Law") — 9 V.S.A. ch. 115 (where applicable).

☐ Vermont Fair Credit Reporting — 9 V.S.A. § 2480b et seq. (security freezes; consumer reports).

☐ Other Vermont Consumer Protection Rule: [CF ___ — ________________________________]

☐ Other Vermont statute: [________________________________]

Federal Law:

☐ Consumer Financial Protection Act — UDAAP, 12 U.S.C. § 5531 — unfair, deceptive, or abusive acts or practices.

☐ 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 / Regulation Z, 15 U.S.C. § 1601; 12 C.F.R. Part 1026.

☐ Real Estate Settlement Procedures Act, 12 U.S.C. § 2601; 12 C.F.R. Part 1024.

☐ Electronic Fund Transfer Act / Regulation E, 15 U.S.C. § 1693; 12 C.F.R. Part 1005.

☐ Equal Credit Opportunity Act, 15 U.S.C. § 1691.

☐ Telemarketing Sales Rule, 16 C.F.R. Part 310.

☐ FTC Act § 5, 15 U.S.C. § 45 — unfair or deceptive acts or practices.

☐ Other federal statute / rule: [________________________________]

6. DAMAGES AND RELIEF SOUGHT

6.1. Out-of-pocket loss: $[____________]

6.2. Other quantifiable damages (lost wages, transportation, medical, etc.): $[____________]

6.3. Total claimed: $[____________]

6.4. Relief sought from the company (check all that apply):

☐ Full refund of $[____________]

☐ Cancellation of contract / account

☐ Removal of negative credit-bureau reporting

☐ Cessation of collection / communication

☐ Repair / replacement of product

☐ Restoration of service

☐ Written apology and corrective communication

☐ Other: [________________________________]

6.5. Relief sought from the agency:

☐ Investigation of the company's pattern of conduct

☐ Letter mediation between consumer and company (Vermont AG CAP standard process)

☐ Enforcement action under 9 V.S.A. § 2458 / § 2461(a) (Vermont AG civil penalties)

☐ Enforcement action under 12 U.S.C. § 5564 (CFPB)

☐ Referral to other regulators (Vermont DFR, U.S. Attorney, IRS, state licensing board)

☐ Inclusion in CFPB Consumer Complaint Database

☐ Other: [________________________________]

7. AUTHORIZATION TO SHARE WITH SUBJECT COMPANY

I, [CONSUMER NAME], authorize the Vermont Attorney General's Consumer Assistance Program and the Consumer Financial Protection Bureau to provide a copy of this complaint and the attached documents to [Subject Company] for the purpose of facilitating resolution. I understand that:

• The Vermont Attorney General is not my attorney and cannot represent me in private litigation, recover personal damages on my behalf, or guarantee a response or resolution from the subject company. CAP operates a voluntary letter-mediation process.
• The CFPB will forward my complaint to the company for response within 15 days, with final response typically within 60 days.
• A copy of CFPB complaints (with personal information removed) may be published in the public CFPB Consumer Complaint Database.
• Filing this complaint does not start, toll, or extend any statute of limitations on my civil claims, including the six-year residual SOL applicable to Vermont Consumer Protection Act claims.
• CAP may be staffed in part by trained volunteers (including supervised University of Vermont students) and complaints may be reviewed by them.

[________________________________]

[CONSUMER NAME]

Date: [__/__/____]

8. EXHIBIT INDEX

9. VERIFICATION

I declare under penalty of perjury under the laws of the State of Vermont and of the United States of America that the foregoing complaint and the attached exhibits are true and correct to the best of my knowledge and belief.

Executed on [__/__/____] at [TOWN], [COUNTY] County, Vermont.

[________________________________]

[CONSUMER NAME]

10. FILING ROUTES — VERMONT AG AND CFPB

10.1 Vermont Attorney General — Consumer Assistance Program

10.2 Consumer Financial Protection Bureau

10.3 Other Useful Routes

11. VERMONT PRACTICE NOTES

• AG cannot litigate for the consumer. 9 V.S.A. § 2458 vests the Vermont Attorney General with investigative and enforcement authority on behalf of the State, but the AG is not your attorney and cannot recover personal damages on your behalf. Pursue civil claims separately under 9 V.S.A. § 2461(b), which provides actual damages OR consideration paid, mandatory attorney's fees, exemplary damages up to 3x consideration, and equitable relief.
• CAP letter-mediation. The Consumer Assistance Program's standard remedy is a "letter-mediation" — CAP forwards the complaint to the business with a request for a response. CAP does not subpoena, adjudicate, or compel. Resolution rate is highest where the business is reputable and the dispute is documentable.
• Civil SOL preserved. Filing a regulatory complaint does not toll the statute of limitations on private claims. VTCPA claims are generally subject to the six-year residual SOL of 12 V.S.A. § 511 (verify with current case law). FDCPA: 1 year. FCRA: 2 years from discovery / 5 years from violation. Calendar SOLs separately.
• CFPB complaint database. CFPB-filed complaints, with personal information removed, may appear publicly. Useful for pattern-and-practice evidence; review the database for prior complaints against the same company before filing a private suit.
• CFPB response timeline. Companies must acknowledge in 15 days and provide a final response generally within 60 days. Track status via the CFPB portal.
• Data breach. If the matter involves a breach, the responsible "data collector" owes notice under 9 V.S.A. § 2435. Notice to the AG (or to the Department of Financial Regulation if the data collector is a regulated financial institution) is also required, with a 14-day preliminary AG notice and final consumer notice not later than 45 days from discovery. Use the AG's Security Breaches page for breach reporting.
• Senior / military priority. Vermont AG and CFPB both prioritize complaints from servicemembers, veterans, and consumers age 60+. Note status in Section 2 to access fast-track teams.
• Industry-specific overlays. Banking, insurance, and securities — Vermont Department of Financial Regulation (DFR). Motor vehicles — Vermont DMV. Utilities — Vermont Department of Public Service (consumer affairs and public advocate). Health care — Vermont Department of Health and DFR.
• Federal regulator referrals. For nationally chartered banks, federal credit unions, or large nonbank entities, also file with the OCC, NCUA, or CFPB. CFPB enforces against any "covered person" under 12 U.S.C. § 5481 supervised entity list.
• Document retention. Retain originals of all exhibits; submit copies. Keep a complete copy of the filed complaint with confirmation numbers. Retain certified-mail receipts.
• UVM CAP partnership. The Consumer Assistance Program is operated jointly with student volunteers at the University of Vermont (https://www.uvm.edu/consumer). Communications may be reviewed by supervised students; staff attorneys oversee the program.

12. SOURCES AND REFERENCES

• Vermont Attorney General — Consumer Assistance Program — https://ago.vermont.gov/cap
• Vermont Attorney General — Consumer Complaint Form — https://ago.vermont.gov/consumer-assistance-program-complaint-form
• Vermont Attorney General — Consumer Protection — https://ago.vermont.gov/attorney-generals-office-divisions-and-unit/consumer-protection
• Vermont Attorney General — Contact — https://ago.vermont.gov/contact
• Vermont Attorney General — Laws and Regulations — https://ago.vermont.gov/laws-and-regulations
• Vermont AG — Privacy and Data Security / Security Breaches — https://ago.vermont.gov/privacy-data-security/security-breaches
• Vermont Consumer Protection Act, 9 V.S.A. ch. 63 — https://legislature.vermont.gov/statutes/fullchapter/09/063
• 9 V.S.A. § 2453 (prohibited practices) — https://legislature.vermont.gov/statutes/section/09/063/02453
• 9 V.S.A. § 2458 (AG enforcement) — https://legislature.vermont.gov/statutes/section/09/063/02458
• 9 V.S.A. § 2461 (civil penalty; consumer remedies) — https://legislature.vermont.gov/statutes/section/09/063/02461
• 9 V.S.A. § 2435 (Security Breach Notice Act) — https://legislature.vermont.gov/statutes/section/09/062/02435
• Vermont Department of Financial Regulation — https://dfr.vermont.gov/
• UVM Consumer Assistance Program — https://www.uvm.edu/consumer
• UVM CAP — Vermont's Consumer Protection Rules — https://www.uvm.edu/consumer/vermonts-consumer-protection-rules
• Consumer Financial Protection Bureau — Submit a Complaint — https://www.consumerfinance.gov/complaint/
• CFPB Consumer Complaint Database — https://www.consumerfinance.gov/data-research/consumer-complaints/
• 12 U.S.C. § 5493 (CFPB Office of Consumer Response) — https://www.law.cornell.edu/uscode/text/12/5493
• 12 U.S.C. § 5531 (CFPB UDAAP authority) — https://www.law.cornell.edu/uscode/text/12/5531
• FTC Report Fraud — https://reportfraud.ftc.gov/
• IdentityTheft.gov — https://www.identitytheft.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Vermont should review this packet before submission if civil claims may follow. Filing a regulatory complaint does not toll any statute of limitations. Laws, citations, and agency procedures change; verify all authorities and contact details before filing.