UNITED STATES DISTRICT COURT

☐ _______________ DISTRICT OF ☐ _______________

☐ _______________________________________________
Plaintiff,

v.

☐ _______________________________________________
Defendant.

Case No.: ☐ _______________

COMPLAINT FOR VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT
15 U.S.C. § 1692 et seq.

JURY TRIAL DEMANDED

I. INTRODUCTION

1. This is an action for damages and declaratory relief arising from Defendant's violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA").

2. Plaintiff seeks actual damages, statutory damages, attorney's fees, costs, and such other relief as this Court deems just and proper.

II. JURISDICTION AND VENUE

3. This Court has federal question jurisdiction over this action pursuant to 28 U.S.C. § 1331, as this case arises under federal law, specifically the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.

4. This Court also has jurisdiction pursuant to 15 U.S.C. § 1692k(d), which provides that an action to enforce liability under the FDCPA may be brought in any appropriate United States district court.

5. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b) because:

☐ Defendant resides in this district

☐ A substantial part of the events giving rise to the claim occurred in this district

☐ Defendant is subject to personal jurisdiction in this district

III. PARTIES

Plaintiff

6. Plaintiff ☐ _______________ ("Plaintiff") is:

☐ A natural person

☐ A resident of ☐ _______________ [City], ☐ _______________ [State]

☐ A "consumer" as defined by 15 U.S.C. § 1692a(3)

7. Plaintiff's address is ☐ _______________.

Defendant

8. Defendant ☐ _______________ ("Defendant") is:

☐ A corporation organized under the laws of ☐ _______________

☐ A limited liability company

☐ Other business entity: _______________

9. Defendant's principal place of business is located at ☐ _______________.

10. At all times relevant to this Complaint, Defendant was engaged in the business of collecting debts owed or due, or alleged to be owed or due, to another.

11. Defendant is a "debt collector" as defined by 15 U.S.C. § 1692a(6) because:

☐ Defendant's principal purpose is the collection of debts

☐ Defendant regularly collects or attempts to collect debts owed to another

☐ Defendant uses instrumentalities of interstate commerce in connection with its debt collection activities

IV. FACTUAL ALLEGATIONS

Background of the Alleged Debt

12. At all relevant times, Defendant attempted to collect an alleged debt from Plaintiff in the approximate amount of $☐ _______________.

13. The alleged debt relates to: ☐ _______________________________________________
    [Describe nature of debt - credit card, medical, etc.]

14. The original creditor is alleged to be: ☐ _______________.

15. Defendant claims to have acquired or been assigned the right to collect this alleged debt on or about ☐ _______________.

Defendant's Violative Conduct

16. Beginning on or about ☐ _______________, Defendant engaged in the following conduct in connection with its attempt to collect the alleged debt:

[Select all applicable violations and provide specific facts]

A. VIOLATIONS OF 15 U.S.C. § 1692g - VALIDATION OF DEBTS

☐ Failure to Provide Required Validation Notice

17. Defendant failed to provide the written notice required by 15 U.S.C. § 1692g(a) within five days after its initial communication, specifically:

☐ Failed to state the amount of the debt

☐ Failed to state the name of the creditor to whom the debt is owed

☐ Failed to provide statement regarding 30-day dispute rights

☐ Failed to provide statement regarding verification procedures

☐ Failed to provide statement regarding original creditor identification

☐ Continued Collection Despite Dispute

18. Plaintiff sent a written dispute/validation request dated ☐ _______________.

19. Despite receiving Plaintiff's written dispute, Defendant:

☐ Failed to cease collection activities pending verification

☐ Failed to provide verification of the debt

☐ Provided inadequate verification

☐ Continued collection activities before mailing verification

B. VIOLATIONS OF 15 U.S.C. § 1692c - COMMUNICATION VIOLATIONS

☐ Continued Communication After Cease Request

20. On ☐ _______________, Plaintiff sent Defendant a written cease communication request pursuant to 15 U.S.C. § 1692c(c).

21. Despite receiving this request, Defendant continued to communicate with Plaintiff by:

☐ Telephone calls on: _______________

☐ Letters dated: _______________

☐ Emails dated: _______________

☐ Text messages dated: _______________

☐ Other: _______________

☐ Improper Third-Party Contacts

22. In violation of 15 U.S.C. § 1692c(b), Defendant communicated information about the alleged debt to third parties, including:

☐ Plaintiff's employer

☐ Plaintiff's family members: _______________

☐ Plaintiff's neighbors

☐ Other: _______________

☐ Inconvenient Time/Place Communications

23. In violation of 15 U.S.C. § 1692c(a)(1), Defendant contacted Plaintiff at unusual or inconvenient times, specifically:

☐ Before 8:00 a.m.

☐ After 9:00 p.m.

☐ At times Defendant knew to be inconvenient: _______________

☐ Workplace Communications

24. In violation of 15 U.S.C. § 1692c(a)(3), Defendant contacted Plaintiff at Plaintiff's place of employment despite knowing such communications were prohibited.

C. VIOLATIONS OF 15 U.S.C. § 1692d - HARASSMENT OR ABUSE

☐ Harassing Conduct

25. Defendant engaged in conduct that harassed, oppressed, or abused Plaintiff in connection with the collection of the alleged debt, including:

☐ Use or threat of violence: _______________

☐ Use of obscene or profane language: _______________

☐ Publishing Plaintiff's name on a "deadbeat list"

☐ Causing Plaintiff's telephone to ring repeatedly with intent to annoy

☐ Telephone calls without meaningful disclosure of caller's identity

☐ Volume of calls: Defendant called Plaintiff approximately ☐ ___ times during the period from ☐ _______________ to ☐ _______________

D. VIOLATIONS OF 15 U.S.C. § 1692e - FALSE OR MISLEADING REPRESENTATIONS

☐ False Representations

26. Defendant made false, deceptive, or misleading representations in connection with the collection of the alleged debt, including:

☐ False representation of the character, amount, or legal status of the debt

☐ False representation that Defendant is an attorney or that communications are from an attorney

☐ False representation that nonpayment will result in arrest, imprisonment, or seizure of property

☐ Threat to take action that cannot legally be taken: _______________

☐ False representation that Plaintiff committed a crime

☐ Communicating false credit information (including failing to report dispute)

☐ Use of false business or organization name

☐ False representation that debt collector operates or is employed by consumer reporting agency

☐ Other false representations: _______________

E. VIOLATIONS OF 15 U.S.C. § 1692f - UNFAIR PRACTICES

☐ Unfair Practices

27. Defendant used unfair or unconscionable means to collect or attempt to collect the alleged debt, including:

☐ Collection of amounts not expressly authorized by agreement or permitted by law

☐ Solicitation of postdated checks for purpose of threatening criminal prosecution

☐ Depositing or threatening to deposit postdated checks prematurely

☐ Causing charges for communications by concealing true purpose

☐ Taking or threatening nonjudicial action on property without present right or intent

☐ Communicating with consumer by postcard

☐ Using language or symbols other than debt collector's address on envelopes

☐ Other: _______________

V. DAMAGES

28. As a direct and proximate result of Defendant's violations, Plaintiff has suffered:

Actual Damages

☐ Emotional distress, including:
- ☐ Anxiety
- ☐ Embarrassment
- ☐ Humiliation
- ☐ Mental anguish
- ☐ Loss of sleep
- ☐ Physical manifestations of stress

☐ Out-of-pocket expenses: $_______________

☐ Lost wages: $_______________

☐ Other actual damages: _______________

Statutory Damages

29. Pursuant to 15 U.S.C. § 1692k(a)(2)(A), Plaintiff is entitled to statutory damages of up to $1,000.

Attorney's Fees and Costs

30. Pursuant to 15 U.S.C. § 1692k(a)(3), Plaintiff is entitled to recover costs of this action together with reasonable attorney's fees.

VI. CAUSES OF ACTION

COUNT I - VIOLATION OF 15 U.S.C. § 1692g

31. Plaintiff incorporates by reference all preceding paragraphs.

32. Defendant violated 15 U.S.C. § 1692g by:
    ☐ _______________________________________________

33. Defendant is liable to Plaintiff under 15 U.S.C. § 1692k.

COUNT II - VIOLATION OF 15 U.S.C. § 1692c

34. Plaintiff incorporates by reference all preceding paragraphs.

35. Defendant violated 15 U.S.C. § 1692c by:
    ☐ _______________________________________________

36. Defendant is liable to Plaintiff under 15 U.S.C. § 1692k.

COUNT III - VIOLATION OF 15 U.S.C. § 1692d

37. Plaintiff incorporates by reference all preceding paragraphs.

38. Defendant violated 15 U.S.C. § 1692d by:
    ☐ _______________________________________________

39. Defendant is liable to Plaintiff under 15 U.S.C. § 1692k.

COUNT IV - VIOLATION OF 15 U.S.C. § 1692e

40. Plaintiff incorporates by reference all preceding paragraphs.

41. Defendant violated 15 U.S.C. § 1692e by:
    ☐ _______________________________________________

42. Defendant is liable to Plaintiff under 15 U.S.C. § 1692k.

COUNT V - VIOLATION OF 15 U.S.C. § 1692f

43. Plaintiff incorporates by reference all preceding paragraphs.

44. Defendant violated 15 U.S.C. § 1692f by:
    ☐ _______________________________________________

45. Defendant is liable to Plaintiff under 15 U.S.C. § 1692k.

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant as follows:

☐ A. Actual damages in an amount to be determined at trial;

☐ B. Statutory damages in the amount of $1,000 pursuant to 15 U.S.C. § 1692k(a)(2)(A);

☐ C. Costs of this action;

☐ D. Reasonable attorney's fees pursuant to 15 U.S.C. § 1692k(a)(3);

☐ E. Pre-judgment and post-judgment interest as allowed by law;

☐ F. Declaratory relief finding Defendant violated the FDCPA;

☐ G. Such other and further relief as this Court deems just and proper.

VIII. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable.

Dated: ☐ _______________

Respectfully submitted,

_________________________________________________
[Attorney Name / Pro Se Plaintiff]

_________________________________________________
[Bar Number if applicable]

_________________________________________________
[Law Firm Name]

_________________________________________________
[Address]

_________________________________________________
[City, State, ZIP]

_________________________________________________
[Telephone]

_________________________________________________
[Email]

Attorney for Plaintiff / Plaintiff Pro Se

VERIFICATION

STATE OF ☐ _______________
COUNTY OF ☐ _______________

I, ☐ _______________, being duly sworn, state that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________________________
[Plaintiff Signature]

Subscribed and sworn to before me this ☐ ___ day of ☐ _______________, 20☐ ___.

_________________________________________________
Notary Public

My commission expires: _______________

CHECKLIST FOR FILING

Before Filing:

☐ Complaint is signed

☐ Verification is notarized (if required by local rules)

☐ Civil cover sheet completed

☐ Filing fee paid or IFP motion prepared

☐ Summons prepared for each defendant

☐ Service copies prepared

☐ One-year statute of limitations verified (15 U.S.C. § 1692k(d))

Statute of Limitations Note:

Under Rotkiske v. Klemm, 140 S. Ct. 355 (2019), the one-year statute of limitations runs from the date of the violation, not discovery.

Supporting Documentation to Preserve:

☐ All letters from debt collector

☐ Phone records showing calls

☐ Voicemails (recordings and transcriptions)

☐ Emails and text messages

☐ Copies of validation request and cease communication letters

☐ Certified mail receipts and return receipts

☐ Credit reports showing alleged debt

LEGAL REFERENCES

15 U.S.C. § 1692k - Civil Liability
- Actual damages
- Statutory damages up to $1,000 per action
- Attorney's fees and costs
- One-year statute of limitations

Key Standards:
- Strict liability (no intent required)
- "Least sophisticated consumer" standard
- Bona fide error defense available to defendant (15 U.S.C. § 1692k(c))

This template is provided for informational purposes and does not constitute legal advice. Consult with a qualified attorney for advice specific to your situation.