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

SUPERIOR COURT OF 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 alleged "consumer" within 15 U.S.C. § 1692a(3), residing at [ADDRESS], Washington, D.C. For the optional CPPA count, Plaintiff separately alleges facts satisfying D.C. Code § 28-3901(a)(2): [NON-RESALE PURCHASE, LEASE, RECEIPT, OR ECONOMIC-DEMAND FACTS].

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(b)(5).

3.3. For the optional CPPA count, Defendant qualifies as a D.C. Code § 28-3901(a)(3) "merchant" based on its ordinary-course role in the consumer transaction or related goods or services: [DETAILS]. The current definition also addresses service providers, successors, and assigns. A debt-collector label alone does not complete this definition.

3.4. [Optional original creditor allegations.]

3.5. Subject-matter jurisdiction is proper in D.C. Superior Court under D.C. Code § 11-921. The Court may hear the FDCPA claim as another court of competent jurisdiction under 15 U.S.C. § 1692k(d). D.C. Code § 28-3905(k)(2) directs claims under the CPPA to this Court.

3.6. District connection. Plaintiff resides in the District and the challenged collection activity occurred in the District: [FACTS].

3.7. Personal jurisdiction. Plaintiff's claim arises from Defendant's [TRANSACTING BUSINESS IN THE DISTRICT / ACT OR OMISSION IN THE DISTRICT CAUSING TORTIOUS INJURY THERE / OTHER APPLICABLE § 13-423(a) GROUND], as shown by [SPECIFIC CONDUCT AND DISTRICT CONNECTION]. D.C. Code § 13-423(a) governs the asserted ground.

4. FACTUAL ALLEGATIONS

4.1. The alleged debt that is the subject of this action (the "Debt") arose primarily from a personal, family, or household transaction under 15 U.S.C. § 1692a(5). For the D.C. claim, it also satisfies D.C. Code § 28-3814(b)(2): it is or is alleged to be more than 30 days past due and owing, unless Plaintiff agreed to a different period, and arose from a covered personal, family, medical, or household purchase, lease, or loan. It is not a direct real-estate-secured or covered motor-vehicle installment loan or mortgage-secured credit excluded by § 28-3814(a), (b)(2). [DEBT, DUE DATE, TRANSACTION, AND SECURITY FACTS].

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 information required by 15 U.S.C. § 1692g(a) in the initial communication or within five (5) days afterward, where the statute's exceptions do not apply;
• ☐ 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 a time known or that should be known to be inconvenient, including before 8:00 a.m. or after 9:00 p.m. local time absent contrary circumstances or statutory permission (15 U.S.C. § 1692c(a)(1));
• ☐ Communicating directly with Plaintiff despite knowing Plaintiff was represented by counsel for this debt and knowing, or being able readily to ascertain, counsel's name and address, unless counsel failed to respond within a reasonable time or consented to direct contact (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 an amount not expressly authorized by the agreement creating the Debt or permitted by law (15 U.S.C. § 1692f(1));
• ☐ Collecting a debt collector's service fee or charge without authority in law or the consumer contract, or interest or another charge incidental to principal without the authorization required by D.C. Code § 28-3814(g)(3)-(4);
• ☐ Initiating a D.C. collection action when Defendant knew or reasonably should have known the applicable limitations period had expired (D.C. Code § 28-3814(f)(10));
• ☐ More than four (4) non-excluded telephone calls per account in a seven (7)-day period, or a collector callback within seven days after a completed collector-consumer call without the consumer's request, in violation of D.C. Code § 28-3814(d)(4)(A). Excluded calls include consumer-initiated calls, one completed return call requested by the consumer, calls with no connection or ability to leave a message, and wrong-number calls not affiliated with the consumer or the consumer's family.

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. Under 15 U.S.C. § 1692k, Plaintiff seeks actual damages, such additional damages as the court may allow, not exceeding $1,000 in this individual action, 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. The facts in Paragraphs 3.1 and 3.3 satisfy the selected "consumer," "merchant," goods-or-services, and trade-practice definitions in D.C. Code § 28-3901(a)(2), (3), (6), and (7): [DETAILS].

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)(1) — representing that goods or services have a source, sponsorship, approval, certification, or characteristics they do not have;
• D.C. Code § 28-3904(a)(5) — misrepresenting a material fact which has a tendency to mislead;
• D.C. Code § 28-3904(a)(7) — failure to state a material fact if such failure tends to mislead;
• D.C. Code § 28-3904(a)(21) — making or enforcing unconscionable terms or provisions of a consumer transaction;
• D.C. Code § 28-3904(a)(22) — passing off goods or services as those of another; or
• D.C. Code § 28-3904(b)(17) — engaging in a consumer-transaction trade practice that violates D.C. Code § 28-3814, if the merchant and transaction requirements are established.

6.4. If supported by Plaintiff's statutory capacity, the proven violation, and the requested relief, Plaintiff seeks under D.C. Code § 28-3905(k)(2):

• (A) For a pleaded § 28-3904(a) or (b)(17) claim, treble damages or $1,500 per proven violation, whichever is greater and payable to the consumer under § 28-3905(k)(2)(A)(i), subject to the Court's determination of the applicable remedy;
• (B) Reasonable attorney's fees;
• (C) Punitive damages;
• (D) An injunction against the use of the unlawful trade practice; and
• (E) In a representative action, relief necessary to restore identified money or property to the consumer; and
• (F) 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" under D.C. Code § 28-3814(b)(5), and the Debt is a covered "consumer debt" under § 28-3814(a), (b)(2).

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 calls exceeding § 28-3814(d)(4)(A)'s four-call limit after applying its enumerated exclusions, a non-requested callback within seven days after a completed collector-consumer call, profane language, or concealing caller identity or purpose;
• § 28-3814(f) — false, deceptive, or misleading representations, including initiating a collection action when Defendant knew or reasonably should have known that the applicable limitations period had expired, § 28-3814(f)(10);
• § 28-3814(g) — unfair or unconscionable means, including unauthorized collector service fees under (g)(3) and interest or other incidental charges lacking the agreement-and-law or express-law authorization required by (g)(4).

7.4. Pursuant to D.C. Code § 28-3814(u), Plaintiff requests the relief the Court finds available:

• (A) Actual damages;
• (B) An additional penalty the Court may award between $500 and $4,000 per violation in this individual action;
• (C) Punitive damages;
• (D) Costs and reasonable attorney's fees.

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. Additional relief. Plaintiff seeks such additional damages as the court may allow under 15 U.S.C. § 1692k(a)(2)(A), not exceeding $1,000 in this individual action; for the pleaded CPPA claim, treble damages or $1,500 per proven violation, whichever is greater, under D.C. Code § 28-3905(k)(2)(A)(i), subject to the Court's determination; and such additional penalty as the Court may award between $500 and $4,000 per violation under D.C. Code § 28-3814(u)(4)(A).

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. Such additional damages as the court may allow, not exceeding $1,000 in this individual action, under 15 U.S.C. § 1692k(a)(2)(A);
• C. For the pleaded CPPA claim, treble damages or $1,500 per proven violation, whichever is greater, under D.C. Code § 28-3905(k)(2)(A)(i), subject to the Court's determination;
• D. Such additional penalty as the Court may award between $500 and $4,000 per violation under D.C. Code § 28-3814(u)(4)(A);
• 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. INITIAL SERVICE CHECKLIST

☐ Deliver a prepared summons when filing and serve the issued summons with the Complaint, Initial Order, any addendum, and other filing-time orders under D.C. Superior Court Civil Rule 4.

☐ Do not treat e-filing or later-paper electronic service as a substitute for original process unless a current rule or case-specific order expressly permits it.

☐ Record the defendant, authorized recipient, method, date, and proof or acknowledgment for the selected forum: [DETAILS].

13. DISTRICT OF COLUMBIA PRACTICE NOTES

• CPPA private right of action. D.C. Code § 28-3905(k)(2)(A)(i) lists treble damages or $1,500 per proven violation, whichever is greater and payable to the consumer, for the pleaded claim, subject to the Court's determination. Subsections (B)–(D) separately list reasonable attorney's fees, punitive damages, and injunctive relief.
• Violation accounting. Identify the alleged statutory violation unit and its factual and legal basis. Section 28-3905(k)(2)(A) states the remedy for a proven violation but does not itself establish that each allegation or statement is a separate violation.
• § 28-3814 vs. CPPA. D.C. Code § 28-3814 can reach original creditors and debt buyers; FDCPA and CPPA coverage use separate definitions. Plead each count only when its actor, debt, transaction, and prohibited-practice elements are supported.
• Statute of limitations. FDCPA: one (1) year (15 U.S.C. § 1692k(d)). D.C. Code § 12-301(8) supplies a three-year residual period only where no other limitation is specially prescribed; determine the period, accrual rule, and tolling for each D.C. claim.
• Forum. The FDCPA permits another court of competent jurisdiction as well as federal district court. This form uses D.C. Superior Court, which D.C. Code § 28-3905(k)(2) identifies for CPPA claims.
• Validation information. Under 15 U.S.C. § 1692g(a), a covered collector generally must send the required notice within five days of the initial communication unless the information was in that communication or the consumer paid the debt. Regulation F, 12 C.F.R. § 1006.34, supplies additional content and delivery rules; its model form is optional.
• Attorney's fees under § 28-3814(v). That subsection limits a prevailing plaintiff's fees in an action to collect a consumer debt from the consumer. It does not cap this consumer's § 28-3814(u)(2) fee request.
• Class and representative theories. 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). D.C. Code § 28-3905(k)(1)(D) applies specifically to a qualifying public-interest organization with a sufficient nexus; it is not a generic representative-action provision. A CPPA representative damages theory must separately satisfy the applicable class-action procedure. Rotunda v. Marriott International, Inc., 123 A.3d 980 (D.C. 2015).
• 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.govinfo.gov/link/uscode/15/1692
• 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
• D.C. Superior Court Civil Rules — https://www.dccourts.gov/superior-court/civil-division

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.