FDCPA Violation Complaint - Alabama

UNITED STATES DISTRICT COURT

[NORTHERN / MIDDLE / SOUTHERN] DISTRICT OF ALABAMA

[DIVISION, IF APPLICABLE]

Civil Action No.: [ASSIGNED BY CLERK]

COMPLAINT FOR VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT

Jury trial demanded

Plaintiff alleges:

1. Parties, jurisdiction and venue

1. Plaintiff [NAME] is a natural person residing in [COUNTY], Alabama, allegedly obligated to pay the debt described below.

2. Defendant [LEGAL NAME] is [ENTITY TYPE] with its principal place of business at [ADDRESS]. Defendant qualifies as a debt collector under 15 U.S.C. § 1692a(6) because [SPECIFIC FACTS SHOWING PRINCIPAL DEBT-COLLECTION PURPOSE OR REGULAR COLLECTION OF DEBTS OWED ANOTHER; ADDRESS ANY APPLICABLE EXCLUSION].

3. This action arises under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692–1692p. This Court has federal-question jurisdiction under 28 U.S.C. § 1331 and 15 U.S.C. § 1692k(d).

4. Venue is proper in this District under 28 U.S.C. § 1391(b)(2) because a substantial part of the events or omissions giving rise to this claim occurred here: [IDENTIFY COMMUNICATIONS, LOCATIONS, DATES AND ALABAMA DISTRICT]. Defendant's contacts supporting personal jurisdiction are [SPECIFIC CONTACTS WITH ALABAMA].

5. The acts forming each retained count occurred on [DATES]. This action is filed within one year of the pleaded violation(s), as required by 15 U.S.C. § 1692k(d).

2. Common factual allegations

6. The alleged debt arose from [TRANSACTION] on [DATE], primarily for personal, family or household purposes. The alleged amount was [AMOUNT], and the creditor identified by Defendant was [CREDITOR]. The obligation is a "debt" under 15 U.S.C. § 1692a(5).

7. Defendant sought to collect this debt from Plaintiff through [LETTERS / CALLS / MESSAGES / OTHER] on [DATES]. Identify each retained communication by sender, recipient, channel, date, time, exact words or attached exhibit: [FACTS].

8. Plaintiff suffered [ACTUAL LOSS, IF ANY, WITH AMOUNT AND CAUSAL FACTS]. Supporting records and witnesses include [RECORDS / WITNESSES].

3. Counts

Count I — Communication at an unusual or inconvenient time or place, 15 U.S.C. § 1692c(a)(1)

9. Defendant communicated with Plaintiff about the debt on [DATE] at [LOCAL TIME AND PLACE] by [CHANNEL]. The time or place was unusual or known, or should have been known, to be inconvenient because [FACTS]. Plaintiff had not given prior consent directly to Defendant, and no court had expressly permitted this communication.

10. This communication violated § 1692c(a)(1) and caused [SPECIFIC HARM, IF CLAIMED].

Count II — Threat of action that could not legally be taken or was not intended, 15 U.S.C. § 1692e(5)

11. In [COMMUNICATION / EXHIBIT] dated [DATE], Defendant stated: "[EXACT WORDS OF THREAT]."

12. The threatened action [COULD NOT LEGALLY BE TAKEN / WAS NOT INTENDED TO BE TAKEN] because [SPECIFIC FACTS AND, IF LEGAL IMPOSSIBILITY IS CLAIMED, THE GOVERNING AUTHORITY]. Defendant's statement was made in connection with collection of the debt.

13. The threat violated § 1692e(5) and caused [SPECIFIC HARM, IF CLAIMED].

Count III — Failure to provide a debt-validation notice, 15 U.S.C. § 1692g(a)

14. Defendant's initial collection communication with Plaintiff was [CHANNEL, DATE AND EXHIBIT]. It was not a formal pleading in a civil action. The initial communication did not contain the information required by § 1692g(a), and Plaintiff had not paid the debt.

15. Defendant did not send Plaintiff a written notice containing the required information within five days after that initial communication. The communications and records supporting this allegation are [FACTS / EXHIBITS].

16. Defendant thereby violated § 1692g(a) and caused [SPECIFIC HARM, IF CLAIMED].

4. Relief requested

17. For each retained count, Plaintiff seeks actual damages caused by the violation, in an amount proven at trial, under 15 U.S.C. § 1692k(a)(1).

18. Plaintiff seeks additional damages the Court may allow in an individual action under § 1692k(a)(2)(A), not exceeding $1,000 for the action.

19. If Plaintiff prevails, Plaintiff seeks the costs of this action and a reasonable attorney's fee as determined by the Court under § 1692k(a)(3). Plaintiff also seeks any other relief the Court may properly award on the pleaded claims.

5. Jury demand

Plaintiff demands trial by jury on every issue triable of right by jury.

Respectfully submitted,

Date: [__/__/____]

Signature: [________________________________]

Name: [PLAINTIFF OR COUNSEL NAME]
Bar number, if counsel: [________________]
Firm, if applicable: [________________]
Address: [________________________________]
Telephone: [________________]
Email: [________________]
Counsel for Plaintiff / Plaintiff pro se: [SELECT ONE]

Exhibits