FDCPA Violation Complaint - Arkansas

COMPLAINT FOR VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT AND ARKANSAS LAW

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Violations of the FDCPA, 15 U.S.C. § 1692 et seq.
7. Count II — Violations of the Arkansas Fair Debt Collection Practices Act
8. Count III — Violations of the Arkansas Deceptive Trade Practices Act
9. Prayer for Relief
10. Demand for Jury Trial
11. Signature and Service Blocks
12. Certificate of Service
13. Arkansas Practice Notes
14. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

[EASTERN / WESTERN] DISTRICT OF ARKANSAS

[__________________] DIVISION

Case No. [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

2. INTRODUCTION

1. This is a consumer-protection action brought under the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692-1692p, the Arkansas Fair Debt Collection Practices Act ("AR FDCPA"), Ark. Code Ann. §§ 17-24-501 to 17-24-512, and the Arkansas Deceptive Trade Practices Act ("ADTPA"), Ark. Code Ann. §§ 4-88-101 to 4-88-207, to redress Defendant's abusive, deceptive, and unfair debt-collection practices directed at Plaintiff, an Arkansas consumer.

2. Congress enacted the FDCPA "to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses." 15 U.S.C. § 1692(e).

3. Plaintiff seeks actual damages, statutory damages, costs, and reasonable attorney's fees, together with such other relief as the Court deems just and proper.

3. JURISDICTION AND VENUE

3.1. This Court has federal-question jurisdiction over Count I pursuant to 28 U.S.C. § 1331 and 15 U.S.C. § 1692k(d).

3.2. The Court has supplemental jurisdiction over the Arkansas state-law claims (Counts II and III) pursuant to 28 U.S.C. § 1367(a) because they form part of the same case or controversy.

3.3. Venue is proper in this District under 28 U.S.C. § 1391(b) because a substantial part of the events giving rise to the claims occurred within this District, and Plaintiff resides in [COUNTY] County, Arkansas.

4. PARTIES

4.1. Plaintiff [PLAINTIFF NAME] is a natural person residing in [COUNTY] County, Arkansas, and is a "consumer" as defined by 15 U.S.C. § 1692a(3) and Ark. Code Ann. § 17-24-502(3).

4.2. Defendant [DEBT COLLECTOR NAME] is a [corporation / LLC] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. Defendant regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due to another, and is therefore a "debt collector" as defined by 15 U.S.C. § 1692a(6) and Ark. Code Ann. § 17-24-502(6).

4.3. [Optional] Defendant [CREDITOR / DEBT BUYER] is a [corporation / LLC] that [purchases / owns] the alleged debt at issue and uses Defendant [DEBT COLLECTOR] to collect it.

5. FACTUAL ALLEGATIONS

5.1. The alleged debt at issue is a "debt" within the meaning of 15 U.S.C. § 1692a(5) and Ark. Code Ann. § 17-24-502(5) because it arises from a transaction in which the money, property, or services that were the subject of the transaction were primarily for personal, family, or household purposes (the "Alleged Debt").

5.2. On or about [DATE], Defendant [DEBT COLLECTOR] first communicated with Plaintiff regarding the Alleged Debt by [telephone / letter / email / text].

5.3. [DESCRIBE EACH COMMUNICATION OR ACT — e.g., calls before 8:00 a.m. or after 9:00 p.m.; calls to Plaintiff's workplace after notice not to call; misrepresentation of debt amount; threats of arrest, garnishment, or legal action that could not lawfully be taken; failure to send the § 1692g(a) validation notice within five days; continued collection activity after written dispute; communication with third parties; use of false names; reporting disputed debt to credit bureaus without disclosing the dispute].

5.4. [DATE] — Plaintiff sent Defendant a written debt-validation request and dispute pursuant to 15 U.S.C. § 1692g(b). A true and correct copy is attached as Exhibit A.

5.5. Despite the dispute, Defendant [failed to cease collection / failed to provide verification / continued to call / sued without verification] as required by 15 U.S.C. § 1692g(b).

5.6. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered [describe injury — emotional distress, anxiety, sleeplessness, lost wages, attorney consultation fees, damaged credit reputation, and out-of-pocket expenses].

6. COUNT I — VIOLATIONS OF THE FDCPA, 15 U.S.C. § 1692 ET SEQ.

6.1. Plaintiff realleges and incorporates Paragraphs 1 through 5.6.

6.2. Defendant violated the FDCPA in one or more of the following ways:

• 15 U.S.C. § 1692c(a)(1) — communicating with Plaintiff at unusual or inconvenient times or places;
• 15 U.S.C. § 1692c(b) — communicating with third parties about the Alleged Debt without authorization;
• 15 U.S.C. § 1692d — engaging in conduct the natural consequence of which is to harass, oppress, or abuse;
• 15 U.S.C. § 1692e — using false, deceptive, or misleading representations, including misrepresentation of the character, amount, or legal status of the Alleged Debt (§ 1692e(2)(A)) and threats to take action that cannot legally be taken (§ 1692e(5));
• 15 U.S.C. § 1692f — using unfair or unconscionable means to collect the Alleged Debt;
• 15 U.S.C. § 1692g(a) — failing to provide the required validation notice within five days of the initial communication;
• 15 U.S.C. § 1692g(b) — failing to cease collection upon written dispute and to provide verification.

6.3. Defendant's violations were [knowing and intentional / not the result of a bona fide error].

6.4. Pursuant to 15 U.S.C. § 1692k, Plaintiff is entitled to actual damages, additional statutory damages of up to $1,000, and reasonable attorney's fees and costs.

7. COUNT II — VIOLATIONS OF THE ARKANSAS FAIR DEBT COLLECTION PRACTICES ACT

7.1. Plaintiff realleges and incorporates Paragraphs 1 through 6.4.

7.2. The AR FDCPA, Ark. Code Ann. §§ 17-24-501 to 17-24-512, parallels the federal FDCPA and prohibits substantially the same conduct.

7.3. Defendant violated the AR FDCPA in one or more of the following ways:

• Ark. Code Ann. § 17-24-505 — harassment or abuse;
• Ark. Code Ann. § 17-24-506 — false or misleading representations;
• Ark. Code Ann. § 17-24-507 — unfair practices;
• Ark. Code Ann. § 17-24-508 — failure to provide validation of the Alleged Debt.

7.4. Pursuant to Ark. Code Ann. § 17-24-512, Plaintiff is entitled to actual damages, additional statutory damages of up to $1,000, costs, and reasonable attorney's fees.

8. COUNT III — VIOLATIONS OF THE ARKANSAS DECEPTIVE TRADE PRACTICES ACT

8.1. Plaintiff realleges and incorporates Paragraphs 1 through 7.4.

8.2. The collection of consumer debt is "trade" or "commerce" within the meaning of Ark. Code Ann. § 4-88-102.

8.3. Defendant engaged in deceptive and unconscionable trade practices prohibited by Ark. Code Ann. § 4-88-107(a), including but not limited to making false representations about the character, amount, or legal status of the Alleged Debt and engaging in unconscionable, false, or deceptive acts in trade or commerce.

8.4. Plaintiff suffered an actual financial loss proximately caused by reliance on Defendant's unlawful practices, including [describe payment made under threat / fees incurred / out-of-pocket expenses], in the amount of approximately $[AMOUNT].

8.5. Pursuant to Ark. Code Ann. § 4-88-113(f), Plaintiff is entitled to recover actual financial loss, together with attorney's fees and costs.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendant as follows:

• A. Actual damages pursuant to 15 U.S.C. § 1692k(a)(1) and Ark. Code Ann. § 17-24-512(a)(1);
• B. Statutory damages of $1,000 pursuant to 15 U.S.C. § 1692k(a)(2)(A);
• C. Statutory damages of $1,000 pursuant to Ark. Code Ann. § 17-24-512(a)(2);
• D. Actual financial loss pursuant to Ark. Code Ann. § 4-88-113(f);
• E. Reasonable attorney's fees and costs pursuant to 15 U.S.C. § 1692k(a)(3), Ark. Code Ann. § 17-24-512(a)(3), and Ark. Code Ann. § 4-88-113(f)(2);
• F. Pre-judgment and post-judgment interest as allowed by law;
• G. Such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Fed. R. Civ. P. 38(b) (or, if filed in state court, Ark. R. Civ. P. 38).

11. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Ark. Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused the foregoing COMPLAINT AND DEMAND FOR JURY TRIAL to be served upon Defendants pursuant to Fed. R. Civ. P. 4 at the following addresses:

[SERVICE LIST WITH ADDRESSES]

[________________________________]

[ATTORNEY NAME]

13. ARKANSAS PRACTICE NOTES

• Forum choice. The FDCPA is enforceable in any court of competent jurisdiction. 15 U.S.C. § 1692k(d). Federal court (E.D. Ark. or W.D. Ark.) is typical for consumer attorneys because of fee-shifting precedent and uniform procedure. Small-claim plaintiffs may prefer Arkansas District Court for matters under $25,000.
• Statute of limitations. Both federal and Arkansas FDCPA claims must be filed within ONE (1) year of the violation. 15 U.S.C. § 1692k(d); Ark. Code Ann. § 17-24-512(d). Each violation accrues separately. Rotkiske v. Klemm, 589 U.S. 8 (2019) rejects a default discovery rule absent fraud-based equitable tolling.
• ADTPA private action — financial loss requirement. After Act 986 of 2017 (effective August 1, 2017), Ark. Code Ann. § 4-88-113(f) requires proof of (i) "actual financial loss," (ii) reliance on the unlawful practice, and (iii) proximate causation. "Actual financial loss" means the difference between what the consumer paid and the actual market value received. Without an out-of-pocket payment, the ADTPA count fails.
• No private class actions under ADTPA. Ark. Code Ann. § 4-88-113(f)(1)(B) prohibits private class actions except for Amendment 89 (usury) claims. FDCPA class actions remain available under federal law.
• Eighth Circuit "unsophisticated consumer" standard. Duffy v. Landberg, 215 F.3d 871 (8th Cir. 2000); Strand v. Diversified Collection Serv., Inc., 380 F.3d 316 (8th Cir. 2004).
• Bona fide error defense. Defendants may raise the § 1692k(c) and § 17-24-512(c) defenses; plaintiff should anticipate by alleging knowing or reckless conduct.
• Pre-suit demand letters. Not required, but a demand often produces FDCPA settlements before litigation. Preserve all communications and certified-mail receipts.
• Arkansas State Board of Collection Agencies. Out-of-state collectors must be licensed under Ark. Code Ann. § 17-24-301 et seq. Unlicensed collection activity is itself an ADTPA violation and AR FDCPA violation.
• Credit-reporting overlay. If Defendant reported the disputed debt to a CRA without noting the dispute, add a Fair Credit Reporting Act count (15 U.S.C. § 1681s-2(b)) after submitting an indirect dispute through the CRA.

14. SOURCES AND REFERENCES

• Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• 15 U.S.C. § 1692g (validation of debts) — https://www.law.cornell.edu/uscode/text/15/1692g
• 15 U.S.C. § 1692k (civil liability) — https://www.law.cornell.edu/uscode/text/15/1692k
• Arkansas Deceptive Trade Practices Act, Ark. Code Ann. §§ 4-88-101 et seq. — https://law.justia.com/codes/arkansas/title-4/subtitle-7/chapter-88/
• Ark. Code Ann. § 4-88-113 (civil enforcement and remedies) — https://law.justia.com/codes/arkansas/title-4/subtitle-7/chapter-88/subchapter-1/section-4-88-113/
• Arkansas Fair Debt Collection Practices Act, Ark. Code Ann. §§ 17-24-501 to 17-24-512 — https://law.justia.com/codes/arkansas/title-17/subtitle-2/chapter-24/subchapter-5/
• Ark. Code Ann. § 17-24-512 (civil liability) — https://law.justia.com/codes/arkansas/title-17/subtitle-2/chapter-24/subchapter-5/section-17-24-512/
• Arkansas State Board of Collection Agencies — https://labor.arkansas.gov/licensing/arkansas-state-board-of-collection-agencies/
• Rotkiske v. Klemm, 589 U.S. 8 (2019)
• Duffy v. Landberg, 215 F.3d 871 (8th Cir. 2000)
• CFPB Debt Collection Rule (Regulation F), 12 C.F.R. Part 1006 — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• Arkansas Attorney General Consumer Protection Division — https://arkansasag.gov/divisions/public-protection/consumer-protection/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Arkansas must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.