FDCPA Violation Complaint - California

UNITED STATES DISTRICT COURT

[NORTHERN / EASTERN / CENTRAL / SOUTHERN] DISTRICT OF CALIFORNIA

COMPLAINT FOR VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES ACT

Jurisdiction and venue

1. This action arises under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq. This Court has federal-question jurisdiction under 28 U.S.C. § 1331 and 15 U.S.C. § 1692k(d).
2. Venue is proper in this District under 28 U.S.C. § 1391(b)(2) because [IDENTIFY A SUBSTANTIAL PART OF THE RELEVANT EVENTS OR OMISSIONS THAT OCCURRED IN THIS DISTRICT].
3. Defendant is subject to this Court's personal jurisdiction because [STATE SPECIFIC FACTS CONNECTING DEFENDANT AND THE CLAIM TO CALIFORNIA].
4. The violations alleged below occurred on [DATE(S)]. This action is filed within one year of [IDENTIFY EACH VIOLATION RELIED UPON], as required by 15 U.S.C. § 1692k(d).

Parties

5. Plaintiff [PLAINTIFF NAME] is a natural person allegedly obligated to pay the debt described below and is a consumer within 15 U.S.C. § 1692a(3). Plaintiff resides in [COUNTY], California.

6. Defendant [DEFENDANT NAME] is a [ENTITY TYPE] with its principal place of business at [ADDRESS]. Defendant is a debt collector under 15 U.S.C. § 1692a(6) because [STATE FACTS SHOWING PRINCIPAL PURPOSE OF DEBT COLLECTION OR REGULAR COLLECTION OF DEBTS OWED TO ANOTHER, INCLUDING ANY RELEVANT EXCLUSION].

Factual allegations

7. The alleged debt arose from [DESCRIBE TRANSACTION], primarily for [PERSONAL / FAMILY / HOUSEHOLD] purposes. The creditor was [NAME]; the amount claimed was [AMOUNT]. See 15 U.S.C. § 1692a(5).
8. Defendant began attempting to collect this debt on [DATE] by [DESCRIBE THE FIRST COMMUNICATION AND MEDIUM]. Defendant's role in collecting it was [DESCRIBE ROLE AND RELATIONSHIP TO CREDITOR].
9. On [DATE], Defendant [QUOTE OR DESCRIBE THE SPECIFIC COMMUNICATION OR ACT]. The communication or act was directed to [RECIPIENT] at [TIME AND LOCATION]. A copy or record is [EXHIBIT OR DESCRIPTION].
10. [REPEAT THE PRECEDING PARAGRAPH FOR EACH ADDITIONAL ACT RELIED UPON, WITH ITS DATE, MEDIUM, RECIPIENT, AND CONTENT.]
11. [IF SEEKING ACTUAL DAMAGES: DESCRIBE WHAT HARM PLAINTIFF SUSTAINED, WHEN, AND HOW THE IDENTIFIED VIOLATION CAUSED IT.]

Count I — Fair Debt Collection Practices Act

12. Plaintiff incorporates paragraphs 1–11.
13. Defendant violated the following provisions through the specific conduct alleged above:

14. By reason of the violations supported above, Defendant is liable under 15 U.S.C. § 1692k(a).

Jury demand

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

Prayer for relief

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

A. Any actual damages proved to have resulted from Defendant's violation, under 15 U.S.C. § 1692k(a)(1);
B. Such additional damages as the Court may allow, not exceeding $1,000 for this individual action, under 15 U.S.C. § 1692k(a)(2)(A);
C. If Plaintiff succeeds, costs and a reasonable attorney's fee as determined by the Court under 15 U.S.C. § 1692k(a)(3); and
D. Such other relief as independently authorized by applicable law and supported by the pleadings.

Signature

Respectfully submitted,

Dated: [__/__/____]

Signature: [________________________________]

Name: [________________________________] California Bar No. (if counsel): [____________]

Firm (if applicable): [________________________________]

Address: [________________________________]

Telephone: [____________] Email: [________________________________]

Counsel for Plaintiff / Plaintiff without counsel: [SELECT ONE]