FDCPA Violation Complaint - Colorado

COMPLAINT — FDCPA AND COLORADO CONSUMER PROTECTION ACT VIOLATIONS

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Federal FDCPA Violations
7. Count II — Colorado Fair Debt Collection Practices Act
8. Count III — Colorado Consumer Protection Act
9. Damages
10. Prayer for Relief
11. Jury Demand
12. Signature Block
13. Certificate of Service
14. Colorado Practice Notes
15. Sources and References

1. CAPTION

DISTRICT COURT, [_______________] COUNTY, COLORADO

[_______________] Judicial District

[STREET ADDRESS]

[CITY], Colorado [ZIP]

Case Number: [________________________________]

Division/Courtroom: [____]

COMPLAINT AND JURY DEMAND

(Violations of the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.; the Colorado Fair Debt Collection Practices Act, C.R.S. § 5-16-101 et seq.; and the Colorado Consumer Protection Act, C.R.S. § 6-1-101 et seq.)

2. INTRODUCTION

1. This is an action by Plaintiff [PLAINTIFF NAME] ("Plaintiff"), a Colorado consumer, against Defendant [DEBT COLLECTOR NAME] ("Defendant") for unlawful debt-collection practices, including harassment, false and misleading representations, and unfair conduct in violation of the federal Fair Debt Collection Practices Act ("FDCPA"), the Colorado Fair Debt Collection Practices Act ("CFDCPA"), and the Colorado Consumer Protection Act ("CCPA").

2. Plaintiff seeks statutory damages, actual damages, treble damages on clear and convincing evidence of bad-faith conduct, declaratory and injunctive relief, costs, and reasonable attorney fees.

3. JURISDICTION AND VENUE

3. This Court has subject-matter jurisdiction over the FDCPA claim pursuant to 15 U.S.C. § 1692k(d) and 28 U.S.C. § 1331, and supplemental jurisdiction over the state-law claims pursuant to 28 U.S.C. § 1367(a).

4. Venue is proper because a substantial part of the events or omissions giving rise to the claims occurred in [_______________] County, Colorado, where Plaintiff resides and received the unlawful communications. C.R.C.P. 98(c); 28 U.S.C. § 1391(b)(2).

4. PARTIES

5. Plaintiff [PLAINTIFF NAME] is a natural person residing in [_______________] County, Colorado, and is a "consumer" as defined by 15 U.S.C. § 1692a(3) and C.R.S. § 5-16-103(7).

6. Defendant [DEBT COLLECTOR NAME] is a [corporation / LLC / collection agency] 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" within the meaning of 15 U.S.C. § 1692a(6) and a "collection agency" within the meaning of C.R.S. § 5-16-103(2). Defendant is licensed by, or required to be licensed by, the Colorado Attorney General's Collection Agency Board.

7. Defendant [INDIVIDUAL COLLECTOR NAME] is a natural person and a "debt collector" within the meaning of 15 U.S.C. § 1692a(6) who personally engaged in the conduct alleged below.

5. FACTUAL ALLEGATIONS

8. On or about [DATE], Defendant began attempting to collect from Plaintiff an alleged consumer debt in the amount of approximately $[AMOUNT] (the "Debt"). The Debt arose out of a transaction in which the money, property, insurance, or services that are the subject of the transaction were primarily for personal, family, or household purposes. 15 U.S.C. § 1692a(5).

9. Defendant placed [NUMBER] telephone calls to Plaintiff between [DATE] and [DATE], including calls placed before 8:00 a.m. or after 9:00 p.m. local time. 15 U.S.C. § 1692c(a)(1); C.R.S. § 5-16-105(1)(a).

10. On or about [DATE], Plaintiff sent Defendant a written request to cease communications. 15 U.S.C. § 1692c(c). Despite receipt, Defendant continued to call and write Plaintiff.

11. Defendant communicated with [third party — e.g., Plaintiff's employer / family member / neighbor] on [DATE] and disclosed that Plaintiff allegedly owed the Debt, in violation of 15 U.S.C. § 1692c(b) and C.R.S. § 5-16-105(2).

12. In its written communications dated [DATE], Defendant misrepresented the character, amount, or legal status of the Debt by [DESCRIBE — e.g., adding unauthorized fees, misstating the principal balance, threatening litigation Defendant did not intend to pursue], in violation of 15 U.S.C. § 1692e and C.R.S. § 5-16-107.

13. Defendant failed to provide the validation notice required by 15 U.S.C. § 1692g(a) within five days of its initial communication, and continued collection activity after Plaintiff's timely written dispute without obtaining and mailing verification, in violation of 15 U.S.C. § 1692g(b) and C.R.S. § 5-16-109.

14. Defendant [reported / threatened to report] the disputed Debt to one or more consumer-reporting agencies without disclosing that the Debt was disputed, in violation of 15 U.S.C. § 1692e(8).

15. As a direct and proximate result of Defendant's conduct, Plaintiff suffered actual damages, including emotional distress, embarrassment, lost time, out-of-pocket costs, and damage to credit reputation.

6. COUNT I — FEDERAL FDCPA VIOLATIONS (15 U.S.C. § 1692 et seq.)

16. Plaintiff incorporates Paragraphs 1–15.

17. Defendant violated multiple provisions of the FDCPA, including but not limited to:

• 15 U.S.C. § 1692c(a)(1) — communications at unusual or inconvenient times or places;
• 15 U.S.C. § 1692c(b) — improper third-party communications;
• 15 U.S.C. § 1692c(c) — continued contact after a cease-communication request;
• 15 U.S.C. § 1692d — harassment or abuse;
• 15 U.S.C. § 1692e — false, deceptive, or misleading representations;
• 15 U.S.C. § 1692e(8) — failure to disclose dispute to consumer-reporting agencies;
• 15 U.S.C. § 1692f — unfair or unconscionable means;
• 15 U.S.C. § 1692g — failure to provide validation notice and continued collection after dispute.

18. Pursuant to 15 U.S.C. § 1692k, Plaintiff is entitled to actual damages, statutory damages up to $1,000, costs of the action, and reasonable attorney fees.

7. COUNT II — COLORADO FAIR DEBT COLLECTION PRACTICES ACT (C.R.S. § 5-16-101 et seq.)

19. Plaintiff incorporates Paragraphs 1–15.

20. Defendant is a "collection agency" or "debt collector" subject to the CFDCPA. C.R.S. § 5-16-103.

21. Defendant violated the CFDCPA by, inter alia:

• C.R.S. § 5-16-105 — communicating at inconvenient times/places, contacting third parties, and continuing to communicate after a written cease request;
• C.R.S. § 5-16-106 — engaging in conduct the natural consequence of which is to harass, oppress, or abuse;
• C.R.S. § 5-16-107 — using false, deceptive, or misleading representations;
• C.R.S. § 5-16-108 — using unfair or unconscionable means;
• C.R.S. § 5-16-109 — failing to provide a validation notice and failing to cease collection after written dispute.

22. Pursuant to C.R.S. § 5-16-113(1), Plaintiff is entitled to actual damages, additional damages of up to $1,000, and reasonable attorney fees and costs.

8. COUNT III — COLORADO CONSUMER PROTECTION ACT (C.R.S. § 6-1-101 et seq.)

24. Plaintiff incorporates Paragraphs 1–15.

25. Defendant engaged in deceptive trade practices in the course of its business, vocation, or occupation within the meaning of C.R.S. § 6-1-105, including:

• Knowingly making false representations as to the characteristics, status, or legal nature of the Debt (C.R.S. § 6-1-105(1)(e), (g));
• Failing to disclose material information concerning the Debt with the intent to induce the consumer to act (C.R.S. § 6-1-105(1)(u));
• Engaging in unconscionable acts or practices in the conduct of trade or commerce.

26. Defendant's conduct significantly impacts the public as actual or potential consumers of Defendant's debt-collection services. Rhino Linings USA, Inc. v. Rocky Mountain Rhino Lining, Inc., 62 P.3d 142 (Colo. 2003). Defendant's standardized, unlawful collection practices have been or will be directed at numerous Colorado consumers similarly situated to Plaintiff.

27. Plaintiff suffered injury in fact to a legally protected interest as a result of Defendant's deceptive conduct.

28. Pursuant to C.R.S. § 6-1-113, Plaintiff is entitled to:

• The greater of actual damages or $500;
• Three times actual damages on clear and convincing evidence of bad-faith conduct (fraudulent, willful, knowing, or intentional conduct that causes injury);
• Costs of the action and reasonable attorney fees.

9. DAMAGES

29. Actual Damages. Plaintiff suffered emotional distress, anxiety, sleep disruption, embarrassment, and damage to credit reputation in an amount to be proven at trial, but not less than $[AMOUNT].

30. Statutory Damages. Up to $1,000 under 15 U.S.C. § 1692k(a)(2)(A) and up to $1,000 under C.R.S. § 5-16-113(1)(b), subject to the no-double-recovery rule.

31. Treble Damages. Three times actual damages under C.R.S. § 6-1-113(2)(a)(III) for Defendant's bad-faith conduct.

32. Attorney Fees and Costs. 15 U.S.C. § 1692k(a)(3); C.R.S. § 5-16-113(1)(c); C.R.S. § 6-1-113(2)(b).

33. Equitable Relief. Declaratory and injunctive relief enjoining Defendant from further unlawful collection conduct.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

• A. Enter judgment against Defendant for actual damages in an amount to be proven at trial;
• B. Award statutory damages of $1,000 per Defendant under 15 U.S.C. § 1692k(a)(2)(A) and/or under C.R.S. § 5-16-113(1)(b);
• C. Award three times Plaintiff's actual damages under C.R.S. § 6-1-113(2)(a)(III) for Defendant's bad-faith conduct;
• D. Award reasonable attorney fees and costs pursuant to 15 U.S.C. § 1692k(a)(3), C.R.S. § 5-16-113(1)(c), and C.R.S. § 6-1-113(2)(b);
• E. Issue declaratory and injunctive relief against further unlawful conduct;
• F. Award pre- and post-judgment interest at the maximum lawful rate; and
• G. Grant such other and further relief as the Court deems just and proper.

11. JURY DEMAND

Plaintiff demands a trial by jury on all claims so triable as a matter of right. C.R.C.P. 38; Fed. R. Civ. P. 38.

12. SIGNATURE BLOCK

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Colorado Atty. Reg. No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing COMPLAINT AND JURY DEMAND upon all parties of record by [Colorado Courts E-Filing / U.S. Mail / personal service] at the addresses below:

[SERVICE LIST]

[________________________________]

[ATTORNEY NAME]

14. COLORADO PRACTICE NOTES

• Forum selection. The FDCPA permits filing in any court of competent jurisdiction. Federal court is often preferred for its experience with FDCPA case law; state district court permits broader CCPA discovery. County court is available only when the amount in controversy is $25,000 or less (C.R.S. § 13-6-104).
• Limitations periods. FDCPA: 1 year from violation, 15 U.S.C. § 1692k(d); CFDCPA: 1 year, C.R.S. § 5-16-113(5); CCPA: 3 years from discovery, C.R.S. § 6-1-115. Plead the most recent violation as the trigger date and assert the continuing-violation doctrine where supported.
• No double recovery. C.R.S. § 5-16-113(2)(b) bars cumulative damages under both the federal FDCPA and CFDCPA for the same conduct. The CCPA, by contrast, is a separate cause of action and supports independent damages.
• Public-impact requirement. A private CCPA claim requires more than a single-consumer harm; allege standardized, repeatable conduct directed at consumers generally. Rhino Linings, 62 P.3d 142.
• Bad faith for trebling. C.R.S. § 6-1-113(2.3) defines bad faith as "fraudulent, willful, knowing, or intentional conduct that causes injury." The clear-and-convincing standard applies. Plead specific facts (e.g., contact after cease letter, false statements with knowledge, repeated violations).
• Class actions. CCPA trebling is unavailable in class actions per C.R.S. § 6-1-113(2)(a)(III). The CFDCPA caps class damages at the lesser of $500,000 or 1% of net worth, C.R.S. § 5-16-113(1)(b)(II).
• Licensing. Verify Defendant's collection-agency license status with the Colorado Attorney General's Collection Agency Board. An unlicensed collector violates C.R.S. § 5-16-119 in addition to FDCPA Section 1692e(5).
• Bona fide error defense. Defendant may invoke 15 U.S.C. § 1692k(c) and C.R.S. § 5-16-113(3); be prepared to seek discovery of compliance procedures.
• Pre-suit demand. While not statutorily required, a Rule 408-protected demand letter often resolves cases pre-litigation and demonstrates good faith for fee enhancement.

15. SOURCES AND REFERENCES

• 15 U.S.C. § 1692 et seq. — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• 15 U.S.C. § 1692g (validation) — 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
• C.R.S. Title 5, Article 16 (CFDCPA) — https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-05.pdf
• C.R.S. Title 6, Article 1 (CCPA) — https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-06.pdf
• Colorado AG, Collection Agency Regulation — https://coag.gov/office-sections/consumer-protection/consumer-credit-unit/collection-agency-regulation/
• Rhino Linings USA, Inc. v. Rocky Mountain Rhino Lining, Inc., 62 P.3d 142 (Colo. 2003) (CCPA public impact)
• Hall v. Walter, 969 P.2d 224 (Colo. 1998) (CCPA elements)
• CFPB Debt Collection Rule (Reg. F), 12 C.F.R. Part 1006

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Colorado must review and customize this document before filing. Statutory citations and damage caps change; verify all authorities at leg.colorado.gov and coag.gov before use.