FDCPA Violation Complaint - District of Columbia

COMPLAINT FOR VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT, D.C. CONSUMER PROTECTION PROCEDURES ACT, AND D.C. DEBT COLLECTION LAW

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties, Jurisdiction, and Venue
4. Factual Allegations
5. Count I — Violations of the FDCPA, 15 U.S.C. § 1692 et seq.
6. Count II — Violations of the D.C. Consumer Protection Procedures Act, D.C. Code § 28-3904
7. Count III — Violations of the D.C. Debt Collection Law, D.C. Code § 28-3814
8. Damages
9. Prayer for Relief
10. Demand for Trial by Jury
11. Signature and Service Blocks
12. Certificate of Service
13. District of Columbia Practice Notes
14. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

CIVIL ACTION NO. [________________________________]

COMPLAINT — FDCPA, CPPA, AND D.C. DEBT COLLECTION LAW

JURY TRIAL DEMANDED

2. INTRODUCTION

1. This action arises under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq.; the District of Columbia Consumer Protection Procedures Act ("CPPA"), D.C. Code § 28-3901 et seq.; and the District of Columbia Debt Collection Law, D.C. Code § 28-3814.

2. Congress enacted the FDCPA to "eliminate abusive debt collection practices by debt collectors." 15 U.S.C. § 1692(e). The CPPA was enacted to "assure that a just mechanism exists to remedy all improper trade practices." D.C. Code § 28-3901(b)(1).

3. Defendant violated these statutes by engaging in unfair, deceptive, harassing, and abusive practices in connection with the attempted collection of a consumer debt allegedly owed by Plaintiff, as set forth in detail below.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is a natural person and "consumer" within the meaning of 15 U.S.C. § 1692a(3) and D.C. Code § 28-3901(a)(2), residing at [ADDRESS], Washington, D.C.

3.2. Defendant [DEBT COLLECTOR NAME] ("Defendant") is a [STATE] [ENTITY TYPE] with its principal place of business at [ADDRESS], regularly engaged in the business of collecting consumer debts in the District of Columbia, and is a "debt collector" within the meaning of 15 U.S.C. § 1692a(6) and D.C. Code § 28-3814(a).

3.3. Defendant is also a "merchant" within the meaning of D.C. Code § 28-3901(a)(3) because it offers and supplies debt-collection services to consumers in the District of Columbia.

3.4. [Optional original creditor allegations.]

3.5. Subject-matter jurisdiction in U.S. District Court is proper under 28 U.S.C. § 1331 (FDCPA federal question) and 15 U.S.C. § 1692k(d). Supplemental jurisdiction over the CPPA and D.C. Debt Collection Law claims is proper under 28 U.S.C. § 1367(a). Alternatively, D.C. Superior Court has subject-matter jurisdiction under D.C. Code § 11-921 and over FDCPA claims by concurrent grant under 15 U.S.C. § 1692k(d).

3.6. Venue is proper in this District because the conduct giving rise to the claims occurred in the District of Columbia, Plaintiff resides in the District, and Defendant transacts business in the District. 28 U.S.C. § 1391(b)(1)-(2); D.C. Code § 13-423.

3.7. Personal jurisdiction is proper under D.C. Code § 13-423 (transacting business in the District and causing tortious injury within the District).

4. FACTUAL ALLEGATIONS

4.1. The alleged debt that is the subject of this action (the "Debt") is a "consumer debt" as defined by 15 U.S.C. § 1692a(5) and D.C. Code § 28-3814(a)(2), arising out of a transaction in which the money, property, or services that were the subject of the transaction were primarily for personal, family, or household purposes.

4.2. Plaintiff allegedly incurred the Debt with [ORIGINAL CREDITOR] on or about [DATE] for [GOODS / SERVICES].

4.3. On or about [DATE], the Debt was placed with, transferred to, or assigned to Defendant for collection.

4.4. On [DATES], Defendant communicated with Plaintiff in connection with the collection of the Debt by [telephone calls / letters / text messages / emails] (the "Communications"). True and correct copies (or transcriptions) of the Communications are attached as Exhibit A.

4.5. The Communications contained one or more of the following violations:

• ☐ False, deceptive, or misleading representations regarding the [character / amount / legal status] of the Debt (e.g., misstating the balance, claiming amounts not authorized by contract or law, threatening litigation that Defendant did not intend to pursue, falsely representing that nonpayment would result in arrest or wage garnishment);
• ☐ Failure to provide the validation notice required by 15 U.S.C. § 1692g within five (5) days of the initial communication;
• ☐ Continued collection activity after Plaintiff's timely written dispute and request for verification, before verification was provided (15 U.S.C. § 1692g(b));
• ☐ Communicating with Plaintiff at unusual or inconvenient times (before 8:00 a.m. or after 9:00 p.m. local time) (15 U.S.C. § 1692c(a)(1));
• ☐ Communicating directly with Plaintiff after Defendant knew Plaintiff was represented by counsel (15 U.S.C. § 1692c(a)(2));
• ☐ Communicating at Plaintiff's place of employment after Defendant knew or had reason to know that the employer prohibited such communications (15 U.S.C. § 1692c(a)(3));
• ☐ Disclosing the Debt to third parties in violation of 15 U.S.C. § 1692c(b);
• ☐ Causing the telephone to ring repeatedly or continuously, with intent to annoy, abuse, or harass (15 U.S.C. § 1692d(5));
• ☐ Use of obscene or profane language (15 U.S.C. § 1692d(2));
• ☐ Failure to disclose in subsequent communications that the communication was from a debt collector (15 U.S.C. § 1692e(11));
• ☐ Attempting to collect amounts not expressly authorized by the agreement creating the Debt or permitted by law (15 U.S.C. § 1692f(1); D.C. Code § 28-3814(g));
• ☐ Collection actions by an unlicensed debt collector in violation of D.C. Code § 28-3814 and DISB licensing requirements;
• ☐ Filing or threatening suit on a time-barred debt;
• ☐ More than four (4) telephone calls per account in any seven (7)-day period in violation of D.C. Code § 28-3814(d).

4.6. [Add detailed factual narrative of each Communication, including date, time, mode of contact, identity of caller/sender, exact statements made or quoted, recipient (Plaintiff or third party), and harm caused.]

4.7. As a result of Defendant's conduct, Plaintiff has suffered [emotional distress / anxiety / loss of sleep / embarrassment / out-of-pocket expense / damage to reputation / lost wages / impaired credit].

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

5.1. Plaintiff realleges and incorporates Paragraphs 1 through 4.7.

5.2. Defendant is a "debt collector" within the meaning of 15 U.S.C. § 1692a(6).

5.3. Defendant violated the FDCPA, including without limitation the following provisions:

• 15 U.S.C. § 1692c (communications in connection with debt collection);
• 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. Pursuant to 15 U.S.C. § 1692k, Plaintiff is entitled to recover actual damages, statutory damages up to $1,000, costs of the action, and reasonable attorney's fees.

6. COUNT II — VIOLATIONS OF THE D.C. CONSUMER PROTECTION PROCEDURES ACT, D.C. CODE § 28-3904

6.1. Plaintiff realleges and incorporates Paragraphs 1 through 5.4.

6.2. Defendant is a "merchant" and Plaintiff is a "consumer" within the meaning of D.C. Code § 28-3901(a)(2)-(3).

6.3. Defendant's conduct constitutes one or more "unlawful trade practices" under D.C. Code § 28-3904, including without limitation:

• D.C. Code § 28-3904(a) — representing that goods or services have a source, sponsorship, approval, certification, or characteristics they do not have;
• D.C. Code § 28-3904(e) — misrepresenting a material fact which has a tendency to mislead;
• D.C. Code § 28-3904(f) — failure to state a material fact if such failure tends to mislead;
• D.C. Code § 28-3904(r) — making or enforcing unconscionable terms or provisions of sales or leases;
• D.C. Code § 28-3904(x) — passing off goods or services as those of another.

6.4. Pursuant to D.C. Code § 28-3905(k)(2), Plaintiff is entitled to:

• (A) Treble damages, or $1,500 per violation, whichever is greater (each separate unlawful act constitutes a separate violation);
• (B) Reasonable attorney's fees;
• (C) Punitive damages;
• (D) An injunction against the use of the unlawful trade practice; and
• (E) Any other relief the Court determines proper.

7. COUNT III — VIOLATIONS OF THE D.C. DEBT COLLECTION LAW, D.C. CODE § 28-3814

7.1. Plaintiff realleges and incorporates Paragraphs 1 through 6.4.

7.2. Defendant is a "debt collector" and the Debt is a "consumer debt" within the meaning of D.C. Code § 28-3814(a).

7.3. Defendant violated D.C. Code § 28-3814 by engaging in one or more of the following prohibited acts:

• § 28-3814(c) — threats, coercion, or attempts to coerce, including threats of violence, criminal prosecution, arrest, or accusations of fraud or other crimes;
• § 28-3814(d) — harassment or abuse, including more than four (4) telephone calls per account in any seven (7)-day period, profane language, or concealing caller identity or purpose;
• § 28-3814(f) — false, deceptive, or misleading representations, including filing or threatening suit when the statute of limitations has expired or operating without a required license;
• § 28-3814(g) — unfair or unconscionable means, including collection of any amount not authorized by the agreement creating the debt or by law.

7.4. Pursuant to D.C. Code § 28-3814(u), Plaintiff is entitled to recover:

• (A) Actual damages;
• (B) Statutory damages of not less than $500 per violation and not to exceed $4,000 per violation;
• (C) Punitive damages;
• (D) Costs and reasonable attorney's fees (subject to D.C. Code § 28-3814(v)).

8. DAMAGES

8.1. Actual damages, including emotional distress, anxiety, sleeplessness, embarrassment, lost wages, out-of-pocket expense, and damage to credit and reputation, in an amount to be proven at trial.

8.2. Statutory damages under 15 U.S.C. § 1692k(a)(2) (up to $1,000), D.C. Code § 28-3905(k)(2) (treble damages or $1,500 per violation, whichever is greater), and D.C. Code § 28-3814(u) ($500-$4,000 per violation).

8.3. Punitive damages under the CPPA and D.C. Debt Collection Law for Defendant's knowing, intentional, or reckless conduct.

8.4. Reasonable attorney's fees and costs under all three statutes.

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 under 15 U.S.C. § 1692k(a)(2)(A);
• C. Treble damages or $1,500 per violation, whichever is greater, under D.C. Code § 28-3905(k)(2);
• D. Statutory damages of $500 to $4,000 per violation under D.C. Code § 28-3814(u);
• E. Punitive damages under the CPPA and D.C. Debt Collection Law;
• F. Injunctive relief enjoining Defendant from continuing the unlawful practices;
• G. Reasonable attorney's fees and costs of suit;
• H. Pre- and post-judgment interest as allowed by law; and
• I. Such other and further relief as the Court deems just and proper.

10. DEMAND FOR TRIAL BY JURY

Plaintiff demands trial by jury on all issues so triable.

11. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], D.C. Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. CERTIFICATE OF SERVICE

I hereby certify that on this [____] day of [_______________], 20[____], I served the foregoing COMPLAINT upon Defendant [via the Court's CM/ECF system / by certified mail, return receipt requested / by personal service through a process server] at the following address:

[DEFENDANT NAME AND SERVICE ADDRESS]

[________________________________]

[ATTORNEY NAME]

13. DISTRICT OF COLUMBIA PRACTICE NOTES

• CPPA private right of action. D.C. Code § 28-3905(k)(2) provides a remedy uniquely favorable to consumers: TREBLE DAMAGES OR $1,500 PER VIOLATION (whichever is greater), plus reasonable attorney's fees, punitive damages, and injunctive relief. Courts construe the statute liberally. See Save Immigrants Justice Coalition line of cases on standing.
• Per-violation accounting. Plead each unlawful act discretely so that the $1,500-per-violation floor compounds. A single collection letter containing three misrepresentations may constitute three violations.
• § 28-3814 vs. CPPA. D.C. Code § 28-3814 reaches both creditors and third-party collectors; the FDCPA generally reaches only third-party debt collectors. Plead all three counts to maximize recovery.
• Statute of limitations. FDCPA: one (1) year (15 U.S.C. § 1692k(d)). CPPA: three (3) years (D.C. Code § 12-301(8)). § 28-3814: three (3) years.
• Concurrent jurisdiction. FDCPA may be filed in U.S. District Court for the District of Columbia or D.C. Superior Court. State-law claims may be added by supplemental jurisdiction in federal court (28 U.S.C. § 1367).
• Licensing. D.C. requires debt collectors to register with the Department of Insurance, Securities and Banking (DISB). Confirm registration; an unlicensed collector's collection activity is itself a § 28-3814 violation.
• Mandatory validation notice. 15 U.S.C. § 1692g(a) requires the validation notice within five (5) days of the initial communication; the CFPB's Regulation F (12 C.F.R. § 1006.34) requires a model validation notice.
• Attorney's fees cap under § 28-3814(v). Fees are capped at the greater of (a) 15% of the consumer debt (excluding fees and collection costs) or (b) reasonable fees calculated under traditional lodestar methods. Confirm current text — the cap has been the subject of legislative amendment.
• Class actions. FDCPA caps class statutory damages at the lesser of $500,000 or 1% of the collector's net worth, 15 U.S.C. § 1692k(a)(2)(B). The CPPA expressly authorizes representative actions, D.C. Code § 28-3905(k)(1)(D).
• Removal risk. Defendants frequently remove from D.C. Superior Court to U.S. District Court. Consider strategic forum choice up-front.

14. SOURCES AND REFERENCES

• 15 U.S.C. § 1692 et seq. (FDCPA) — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• 12 C.F.R. Part 1006 (Regulation F) — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• D.C. Code § 28-3901 et seq. (CPPA) — https://code.dccouncil.gov/us/dc/council/code/titles/28/chapters/39
• D.C. Code § 28-3905 (private right of action) — https://code.dccouncil.gov/us/dc/council/code/sections/28-3905
• D.C. Code § 28-3814 (Debt Collection Law) — https://code.dccouncil.gov/us/dc/council/code/sections/28-3814
• D.C. OAG Office of Consumer Protection — https://oag.dc.gov/consumer-protection
• DISB collection-agency licensing — https://disb.dc.gov/
• Sundberg v. TTR Sotheby's Int'l Realty, Inc., 109 A.3d 1123 (D.C. 2015)
• Grayson v. AT&T Corp., 15 A.3d 219 (D.C. 2011) (en banc) (CPPA standing)
• Jeter v. Credit Bureau, Inc., 760 F.2d 1168 (11th Cir. 1985) (FDCPA "least sophisticated consumer" standard)
• D.C. Superior Court Civil Rules — https://www.dccourts.gov/superior-court/civil-division
• U.S. District Court for the District of Columbia Local Rules — https://www.dcd.uscourts.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney admitted to the D.C. Bar (and the U.S. District Court for the District of Columbia, if filing in federal court) must review and customize this document before filing. Statutes, regulations, and case law change frequently; verify all authorities before use.