FDCPA Violation Complaint - Alaska

UNITED STATES DISTRICT COURT

DISTRICT OF ALASKA

[PLAINTIFF FULL LEGAL NAME],
Plaintiff,

v. Civil Action No. [___]

[DEFENDANT FULL LEGAL NAME],
Defendant.

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

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Jurisdiction, Venue, and Conditions Precedent
4. Parties
5. Factual Allegations

6. Causes of Action
   6.1 Count I – FDCPA
   6.2 [Optional] Count II – State-Law Analog

7. Damages and Remedies Sought

8. Jury Demand
9. Prayer for Relief
10. General Provisions & Reservation of Rights
11. Signature Block
12. Verification

1. DOCUMENT HEADER

1.1 Effective Date. This Complaint is filed on [DATE] (the "Effective Date").

1.2 Governing Law. Substantive claims arise under the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq.

1.3 Forum Selection. Plaintiff invokes federal-question jurisdiction in this Court and, pursuant to 15 U.S.C. § 1692k(d), designates this federal district as the proper venue.

1.4 Injunctive Relief. Plaintiff seeks injunctive and declaratory relief to the fullest extent permitted.

2. DEFINITIONS

For purposes of this Complaint, the following terms have the meanings indicated below. Defined terms appear in bold when first used and may be used in the singular or plural.

"Debt" means the consumer debt allegedly owed by Plaintiff and referenced in Defendant's collection communications.

"Debt Collector" means Defendant, as that term is defined in 15 U.S.C. § 1692a(6).

"Communication" has the meaning provided in 15 U.S.C. § 1692a(2).

"Collection Activity" means any act or omission by Defendant undertaken in connection with the attempted collection of the Debt.

3. JURISDICTION, VENUE, AND CONDITIONS PRECEDENT

3.1 Subject-Matter Jurisdiction. This Court has federal-question jurisdiction under 28 U.S.C. § 1331 and 15 U.S.C. § 1692k(d).

3.2 Personal Jurisdiction. Defendant purposely availed itself of the laws of this State by conducting Collection Activity directed at Plaintiff herein.

3.3 Venue. Venue is proper in this District under 28 U.S.C. § 1391(b) because (a) the events giving rise to Plaintiff's claims occurred here, and/or (b) Defendant transacts business here.

3.4 Conditions Precedent. All conditions precedent to bringing this action have been performed, waived, or have occurred.

4. PARTIES

4.1 Plaintiff. [PLAINTIFF NAME] is a natural person residing at [ADDRESS], and is a "consumer" as defined by 15 U.S.C. § 1692a(3).

4.2 Defendant. [DEFENDANT NAME] is a [corporation/LLC/partnership] organized under the laws of [STATE] with its principal place of business at [ADDRESS], and is a "debt collector" within the meaning of 15 U.S.C. § 1692a(6).

5. FACTUAL ALLEGATIONS

5.1 The Debt. On or about [DATE], Plaintiff allegedly incurred the Debt, which arose from a transaction primarily for personal, family, or household purposes.

5.2 Assignment to Defendant. On [DATE], the Debt was assigned, placed, or otherwise transferred to Defendant for collection.

5.3 Collection Communications. Beginning on or about [DATE] and continuing thereafter, Defendant engaged in Collection Activity that included, inter alia:
a. Telephonic calls to Plaintiff at unusual times;
b. Written correspondence containing false, deceptive, or misleading representations;
c. Failure to provide a valid debt-validation notice within five (5) days of initial contact; and
d. Threats of legal action not intended to be taken.

5.4 Specific Violations. Defendant's misconduct includes, without limitation, violations of:
• 15 U.S.C. § 1692c(a)(1) – contacting Plaintiff at a prohibited time;
• 15 U.S.C. § 1692d – engaging in conduct intended to harass, oppress, or abuse;
• 15 U.S.C. § 1692e – using false or misleading representations;
• 15 U.S.C. § 1692f – employing unfair or unconscionable means.

5.5 Damage to Plaintiff. As a direct and proximate result of Defendant's acts, Plaintiff suffered actual damages including emotional distress, anxiety, and other non-economic loss, in an amount to be proven at trial.

6. CAUSES OF ACTION

6.1 COUNT I – VIOLATIONS OF THE FDCPA (15 U.S.C. § 1692 et seq.)

6.1.1 Plaintiff realleges and incorporates by reference Paragraphs 1–5.

6.1.2 Defendant violated the FDCPA by engaging in the Collection Activity described herein.

6.1.3 Pursuant to 15 U.S.C. § 1692k(a), Plaintiff is entitled to:
a. Actual damages;
b. Statutory damages not to exceed $1,000; and
c. Reasonable attorney's fees and costs.

6.2 [OPTIONAL] COUNT II – VIOLATION OF ALASKA CONSUMER PROTECTION STATUTES

7. DAMAGES AND REMEDIES SOUGHT

7.1 Actual Damages. Plaintiff seeks actual damages in an amount to be determined at trial.

7.2 Statutory Damages. Plaintiff seeks the maximum statutory damages permitted under 15 U.S.C. § 1692k(a)(2)(A).

7.3 Injunctive/Declaratory Relief. Plaintiff seeks injunctive and declaratory relief prohibiting Defendant from further violations.

7.4 Attorney's Fees & Costs. Plaintiff seeks an award of reasonable attorney's fees and costs pursuant to 15 U.S.C. § 1692k(a)(3).

7.5 Pre- and Post-Judgment Interest. Plaintiff seeks interest as allowed by law.

8. JURY DEMAND

Pursuant to the Seventh Amendment to the United States Constitution and Federal Rule of Civil Procedure 38, Plaintiff demands a trial by jury on all issues so triable.

9. PRAYER FOR RELIEF

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

A. Actual damages pursuant to 15 U.S.C. § 1692k(a)(1);
B. Statutory damages pursuant to 15 U.S.C. § 1692k(a)(2)(A);
C. Attorney's fees and costs pursuant to 15 U.S.C. § 1692k(a)(3);
D. Injunctive and declaratory relief as the Court deems just and proper;
E. Any such additional relief as the Court may deem equitable and just.

10. GENERAL PROVISIONS & RESERVATION OF RIGHTS

10.1 No Waiver. Nothing herein constitutes a waiver of Plaintiff's right to amend this Complaint to assert additional claims or parties upon discovery of new facts.

10.2 Reservation of Arbitration. To the extent any arbitration agreement is raised, Plaintiff reserves all rights to contest its enforceability or, in the alternative, to compel arbitration of all claims.

10.3 Severability. If any provision of this Complaint is adjudged invalid, the remaining provisions shall not be affected.

11. SIGNATURE BLOCK

Respectfully submitted,

Dated: [DATE]                 ________________________________
                               [ATTORNEY NAME] (Bar No. ☐)
                               [LAW FIRM NAME]
                               [ADDRESS]
                               [CITY, STATE ZIP]
                               Tel.: [PHONE]
                               Email: [EMAIL]
                               Counsel for Plaintiff

12. VERIFICATION

I, [PLAINTIFF NAME], certify under penalty of perjury that I have read the foregoing Complaint and that the factual allegations therein are true and correct to the best of my knowledge, information, and belief.

Dated: [DATE]                 ________________________________
                               [PLAINTIFF NAME]

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