FDCPA Violation Complaint - Connecticut (FDCPA + CUTPA + CCPA)

COMPLAINT — FAIR DEBT COLLECTION PRACTICES ACT, CONNECTICUT UNFAIR TRADE PRACTICES ACT, AND CREDITORS' COLLECTION PRACTICES ACT — CONNECTICUT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties, Jurisdiction, and Venue
4. Factual Allegations
5. Count I — Federal FDCPA Violations (15 U.S.C. § 1692 et seq.)
6. Count II — Connecticut Creditors' Collection Practices Act (Conn. Gen. Stat. § 36a-645 et seq.)
7. Count III — Connecticut Unfair Trade Practices Act (Conn. Gen. Stat. § 42-110a et seq.)
8. Damages
9. Prayer for Relief
10. Demand for Trial by Jury
11. CUTPA Notice Certification (§ 42-110g(c))
12. Signature and Service Blocks
13. Connecticut Practice Notes
14. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

CIVIL ACTION NO. [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

2. INTRODUCTION

2.1. This is a consumer-protection action arising from Defendants' unlawful and abusive efforts to collect an alleged consumer debt from Plaintiff in violation of the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA"); the Connecticut Creditors' Collection Practices Act, Conn. Gen. Stat. § 36a-645 et seq. ("CCPA"); and the Connecticut Unfair Trade Practices Act, Conn. Gen. Stat. § 42-110a et seq. ("CUTPA").

2.2. Plaintiff seeks actual damages, statutory damages, additional damages, punitive damages, costs, attorney's fees, and equitable relief as authorized by the foregoing statutes.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is a natural person residing in [CITY], [COUNTY] County, Connecticut, and is a "consumer" within the meaning of 15 U.S.C. § 1692a(3) and a "consumer debtor" within the meaning of Conn. Gen. Stat. § 36a-645(1).

3.2. Defendant [DEBT COLLECTOR NAME] ("Defendant") is a [corporation / LLC / partnership] organized under the laws of [STATE] with its principal place of business at [ADDRESS], and regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Defendant is a "debt collector" within the meaning of 15 U.S.C. § 1692a(6) and/or a "creditor" within the meaning of Conn. Gen. Stat. § 36a-645(3).

3.3. The alleged debt at issue arises from a [describe transaction — e.g., consumer credit card, medical bill, residential utility] primarily for personal, family, or household purposes, and is therefore a "debt" within the meaning of 15 U.S.C. § 1692a(5).

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

3.5. Venue is proper in the District of Connecticut pursuant to 28 U.S.C. § 1391(b) because a substantial part of the events or omissions giving rise to the claims occurred in this District and Plaintiff resides in this District.

4. FACTUAL ALLEGATIONS

4.1. On or about [DATE], Plaintiff allegedly incurred a financial obligation to [ORIGINAL CREDITOR] in the amount of approximately $[AMOUNT] (the "Alleged Debt").

4.2. The Alleged Debt was incurred primarily for personal, family, or household purposes.

4.3. [Describe how the Alleged Debt was placed with, assigned to, or purchased by Defendant.]

4.4. Beginning on or about [DATE], Defendant initiated contact with Plaintiff regarding the Alleged Debt by [telephone / written letter / email / text message].

4.5. [DESCRIBE EACH SPECIFIC VIOLATION WITH DATE, TIME, MEDIUM, AND CONTENT. Examples below — keep only those supported by evidence and tailor to facts.]

• On [DATE] at [TIME], Defendant called Plaintiff [#] times within a [period], with the natural consequence of harassing, oppressing, or abusing Plaintiff (15 U.S.C. § 1692d(5));
• On [DATE], Defendant communicated with Plaintiff at [place of employment] after being told oral or written that such communications were inconvenient or prohibited (15 U.S.C. § 1692c(a)(3));
• On [DATE], Defendant communicated with [third party — neighbor, employer, family member] regarding the Alleged Debt without prior consent and in violation of 15 U.S.C. § 1692c(b);
• On [DATE], Defendant falsely represented the [character / amount / legal status] of the Alleged Debt in violation of 15 U.S.C. § 1692e(2);
• On [DATE], Defendant threatened to take action it could not legally take or did not intend to take (e.g., [arrest, garnishment without judgment, criminal prosecution]) in violation of 15 U.S.C. § 1692e(4)–(5);
• On [DATE], Defendant failed to send the required validation notice within five days of its initial communication, in violation of 15 U.S.C. § 1692g(a);
• On [DATE], Defendant continued collection efforts after Plaintiff disputed the debt in writing and before validation was provided, in violation of 15 U.S.C. § 1692g(b);
• On [DATE], Defendant used profane or obscene language with the natural consequence of abuse, in violation of 15 U.S.C. § 1692d(2);
• On [DATE], Defendant left voicemail messages without identifying itself as a debt collector or disclosing the purpose of the call (failure to make required "mini-Miranda" disclosures under 15 U.S.C. § 1692e(11)).

4.6. Defendant's conduct caused Plaintiff actual harm, including [anxiety, sleep disruption, embarrassment, lost time, lost wages, increased phone charges, damaged credit, attorney's fees, and out-of-pocket expense].

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

5.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 4.6.

5.2. Plaintiff is a "consumer," the Alleged Debt is a "debt," and Defendant is a "debt collector" within the meanings of the FDCPA.

5.3. Defendant violated the FDCPA, including without limitation:

• 15 U.S.C. § 1692c (communications restrictions);
• 15 U.S.C. § 1692d (harassment or abuse);
• 15 U.S.C. § 1692e (false or misleading representations);
• 15 U.S.C. § 1692f (unfair practices);
• 15 U.S.C. § 1692g (validation of debts).

5.4. As a direct and proximate result, Plaintiff is entitled to actual damages, statutory damages of up to $1,000 per 15 U.S.C. § 1692k(a)(2)(A), costs, and reasonable attorney's fees per 15 U.S.C. § 1692k(a)(3).

6. COUNT II — CONNECTICUT CREDITORS' COLLECTION PRACTICES ACT (Conn. Gen. Stat. § 36a-645 et seq.)

6.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.4.

6.2. Plaintiff is a "consumer debtor" and Defendant is a "creditor" within the meanings of Conn. Gen. Stat. § 36a-645.

6.3. Defendant used abusive, harassing, fraudulent, deceptive, or misleading representations, devices, or practices to collect or attempt to collect the Alleged Debt, in violation of Conn. Gen. Stat. § 36a-646.

6.4. Pursuant to Conn. Gen. Stat. § 36a-648, Plaintiff is entitled to recover actual damages, additional damages not to exceed $1,000, costs, and a reasonable attorney's fee.

7. COUNT III — CONNECTICUT UNFAIR TRADE PRACTICES ACT (Conn. Gen. Stat. § 42-110a et seq.)

7.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 6.4.

7.2. Defendant is a "person" engaged in "trade or commerce" within the meaning of Conn. Gen. Stat. § 42-110a(3)–(4).

7.3. Defendant's conduct as alleged constitutes unfair or deceptive acts or practices in the conduct of trade or commerce, in violation of Conn. Gen. Stat. § 42-110b. The conduct is:

• Within the penumbra of an established public policy (the FDCPA, the CCPA, and Connecticut common law against abusive collection practices);
• Immoral, unethical, oppressive, or unscrupulous; and
• Causes substantial injury to consumers, which they could not reasonably avoid and which is not outweighed by countervailing benefits to consumers or competition.

(See Cheshire Mortgage Service, Inc. v. Montes, 223 Conn. 80 (1992) (adopting the "cigarette rule").)

7.4. Plaintiff has suffered an "ascertainable loss of money or property" as a result of Defendant's CUTPA violations, including but not limited to [itemize: time and expense responding to unlawful contacts, lost wages, increased phone or postage costs, fees paid to dispute the debt, credit-related harm, and attorney's fees incurred prior to suit].

7.5. Defendant's conduct was wilful, wanton, and reckless, warranting an award of punitive damages under Conn. Gen. Stat. § 42-110g(a).

7.6. Plaintiff is entitled to actual damages, punitive damages, costs, reasonable attorney's fees, and equitable relief pursuant to Conn. Gen. Stat. § 42-110g.

8. DAMAGES

8.1. Actual damages, including emotional distress, lost time and wages, increased communications costs, credit harm, and out-of-pocket expense — to be proven at trial.

8.2. FDCPA statutory damages of up to $1,000 per 15 U.S.C. § 1692k(a)(2)(A).

8.3. CCPA additional damages of up to $1,000 per Conn. Gen. Stat. § 36a-648.

8.4. CUTPA punitive damages in an amount sufficient to deter and punish per Conn. Gen. Stat. § 42-110g(a).

8.5. Costs and reasonable attorney's fees pursuant to 15 U.S.C. § 1692k(a)(3), Conn. Gen. Stat. § 36a-648, and Conn. Gen. Stat. § 42-110g(d).

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant for:

• A. Actual damages in an amount to be proven at trial;
• B. Statutory damages of $1,000 per 15 U.S.C. § 1692k(a)(2)(A);
• C. Additional damages of up to $1,000 per Conn. Gen. Stat. § 36a-648;
• D. Punitive damages under Conn. Gen. Stat. § 42-110g(a);
• E. Costs and reasonable attorney's fees;
• F. Pre-judgment and post-judgment interest as allowed by law;
• G. Equitable relief, including a declaration that the Alleged Debt is uncollectible by Defendant and an injunction against further collection contact; and
• H. Such other and further relief as the Court deems just and proper.

10. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all issues so triable as a matter of right pursuant to Fed. R. Civ. P. 38 and Conn. Gen. Stat. § 42-110g(g).

11. CUTPA NOTICE CERTIFICATION (§ 42-110g(c))

The undersigned certifies that, contemporaneously with the filing of this Complaint, a copy hereof has been transmitted to:

• Office of the Attorney General, State of Connecticut, 165 Capitol Avenue, Hartford, CT 06106 (electronic transmission to [email protected] as a searchable PDF, with case caption in subject line); and

• Commissioner, Connecticut Department of Consumer Protection, 450 Columbus Boulevard, Suite 901, Hartford, CT 06103-1840.

12. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Conn. Juris No. [######] (Federal Bar No. [ct#####] if filed in U.S. District Court)

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

CERTIFICATE OF SERVICE

I hereby certify that on [DATE], the foregoing Complaint was filed and served on all counsel of record via the Court's CM/ECF system (federal forum) or by marshal pursuant to Conn. Gen. Stat. § 52-50 (state forum). I further certify that a copy of this Complaint was transmitted by electronic mail to [email protected] and by U.S. Mail to the Commissioner of Consumer Protection at the address above pursuant to Conn. Gen. Stat. § 42-110g(c).

[________________________________]

[ATTORNEY NAME]

13. CONNECTICUT PRACTICE NOTES

• Forum strategy. The District of Connecticut is generally favorable for consumer FDCPA actions and offers efficient discovery and consistent FDCPA precedent in the Second Circuit. State Superior Court remains a viable alternative, particularly when CUTPA punitive damages are central. Attorney's fees are recoverable in either forum.
• Statutes of limitations. FDCPA: 1 year (15 U.S.C. § 1692k(d)); CCPA: 1 year (Conn. Gen. Stat. § 36a-648); CUTPA: 3 years from occurrence (Conn. Gen. Stat. § 42-110g(f)). Each violation may constitute a discrete accrual event under the Supreme Court's decision in Rotkiske v. Klemm, 589 U.S. ___, 140 S. Ct. 355 (2019).
• CUTPA "cigarette rule." Connecticut courts evaluate unfair-trade-practice claims under the three-factor test set out in Cheshire Mortgage Service, Inc. v. Montes, 223 Conn. 80 (1992): public-policy violation, immorality/unethical conduct, and substantial consumer injury.
• CUTPA notice (§ 42-110g(c)). Plaintiff must mail a copy of the complaint to the Connecticut Attorney General and the Commissioner of Consumer Protection upon commencement. The Attorney General now requires electronic filing at [email protected] as a searchable PDF with the case caption in the email subject line.
• Ascertainable loss. A CUTPA plaintiff need not plead a specific dollar amount but must allege a measurable, identifiable loss — Hinchliffe v. Am. Motors Corp., 184 Conn. 607 (1981).
• Punitive damages. Connecticut common-law "litigation expenses" and CUTPA-specific punitive damages may be awarded for wilful violations. Document scienter through call logs, internal scripts, and prior consumer complaints.
• Class actions. CUTPA expressly authorizes class treatment per Conn. Gen. Stat. § 42-110g(b). FDCPA limits recovery in class actions to the lesser of $500,000 or 1% of net worth — 15 U.S.C. § 1692k(a)(2)(B).
• Validation safe harbor. Confirm timing of § 1692g(a) notice carefully; recent CFPB Regulation F (12 C.F.R. § 1006) imposes additional disclosure and call-frequency requirements on FDCPA-covered collectors.
• Document preservation. Preserve voicemails, text messages, call-detail records, postal envelopes (for mailing dates), and the consumer's contemporaneous notes. Issue a litigation-hold letter to Defendant promptly after suit.

14. SOURCES AND REFERENCES

• Conn. Gen. Stat. Chapter 735a (Unfair Trade Practices) — https://www.cga.ct.gov/current/pub/chap_735a.htm
• Conn. Gen. Stat. Chapter 669 (Regulated Activities — Banking) — https://www.cga.ct.gov/current/pub/chap_669.htm
• 15 U.S.C. § 1692 et seq. (FDCPA) — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• 12 C.F.R. Part 1006 (Regulation F — CFPB Debt Collection Rule)
• CT Attorney General — CUTPA Action Notices — https://portal.ct.gov/ag/general/cutpa-action-notices
• CT Attorney General — File a Complaint — https://portal.ct.gov/ag/services/file-a-complaint
• CT DCP — Trade Practices Division (CUTPA) — https://portal.ct.gov/dcp/trade-practices-division/about-the-connecticut-unfair-trade-practices-act-cutpa
• CT Judicial Branch — Law About Debt Collection — https://www.jud.ct.gov/lawlib/law/debt_collection.htm
• Cheshire Mortgage Service, Inc. v. Montes, 223 Conn. 80 (1992)
• Hinchliffe v. Am. Motors Corp., 184 Conn. 607 (1981)
• Rotkiske v. Klemm, 140 S. Ct. 355 (2019)

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