FDCPA Violation Complaint - Delaware

COMPLAINT — FDCPA AND DELAWARE CONSUMER FRAUD ACT — DELAWARE

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — FDCPA Violations (15 U.S.C. § 1692 et seq.)
7. Count II — Delaware Consumer Fraud Act (6 Del. C. § 2513)
8. Count III — Unlicensed Collection Activity (30 Del. C. § 2301)
9. Damages
10. Prayer for Relief
11. Demand for Trial by Jury
12. Signature and Service Blocks
13. Certificate of Service
14. Delaware Practice Notes
15. Sources and References

1. CAPTION

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

CIVIL ACTION NO. [________________________________]

COMPLAINT FOR DAMAGES (FDCPA AND DELAWARE CONSUMER FRAUD ACT)

2. INTRODUCTION

1. This is an action for actual damages, statutory damages, treble damages where authorized, attorney's fees, and costs arising out of Defendant's unlawful debt-collection practices in violation of the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA"), and the Delaware Consumer Fraud Act, 6 Del. C. §§ 2511-2527 ("DCFA").

2. The FDCPA was enacted "to eliminate abusive debt collection practices by debt collectors" and to ensure that "those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged." 15 U.S.C. § 1692(e).

3. The DCFA prohibits the "use, or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, or the concealment, suppression, or omission of any material fact" in connection with the sale or advertisement of any merchandise. 6 Del. C. § 2513(a).

3. JURISDICTION AND VENUE

4. This Court has subject-matter jurisdiction over the FDCPA claim pursuant to 15 U.S.C. § 1692k(d) and 28 U.S.C. § 1331.

5. The Court has supplemental jurisdiction over the DCFA and licensing-related state-law claims pursuant to 28 U.S.C. § 1367(a) because they form part of the same case or controversy.

6. Venue is proper in this District under 28 U.S.C. § 1391(b)(2) because a substantial part of the events giving rise to the claims occurred in this District, including communications directed to Plaintiff at Plaintiff's residence in [COUNTY], Delaware.

4. PARTIES

7. Plaintiff [PLAINTIFF NAME] is a natural person residing in [CITY], [NEW CASTLE/KENT/SUSSEX] County, Delaware, and is a "consumer" within the meaning of 15 U.S.C. § 1692a(3).

8. The alleged debt at issue is a "debt" within the meaning of 15 U.S.C. § 1692a(5) in that it arose out of a transaction "primarily for personal, family, or household purposes."

9. Defendant [COLLECTOR NAME] is a [CORPORATION / LLC] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. Defendant regularly collects, or attempts to collect, debts owed to others and is a "debt collector" within the meaning of 15 U.S.C. § 1692a(6).

10. Defendant [ORIGINAL CREDITOR / DEBT BUYER, if applicable] is a [CORPORATION / LLC] that [acquired the alleged debt / placed it for collection] at all relevant times.

5. FACTUAL ALLEGATIONS

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

12. The Alleged Debt was incurred for personal, family, or household purposes and was not for any business or commercial purpose.

13. On or about [DATE], Defendant [COLLECTOR] began attempts to collect the Alleged Debt from Plaintiff.

14. Defendant's collection conduct included, without limitation:

• [Phone calls placed at unusual or inconvenient times — list dates/times];
• [Calls to Plaintiff's place of employment after notice that such calls were prohibited];
• [Threats of suit, wage garnishment, arrest, or other action that could not legally be taken or that Defendant did not intend to take];
• [Misrepresentation of the character, amount, or legal status of the debt];
• [Failure to provide the § 1692g(a) validation notice within five (5) days of the initial communication];
• [Continued collection after a written dispute and request for verification under § 1692g(b)];
• [Communications with third parties (family, neighbors, employer) about the alleged debt];
• [Use of false, deceptive, or misleading representations, including a false representation that Defendant was an attorney or affiliated with the government].

15. On [DATE], Plaintiff sent Defendant a written notice [disputing the debt / requesting cease of communication / requesting attorney-only communication] by [certified mail / email]. A true and correct copy is attached as Exhibit A.

16. Despite the notice, Defendant [continued to call / sent additional dunning letters / reported the debt to consumer reporting agencies without noting the dispute] on [DATES].

17. Upon information and belief, Defendant is not licensed as a mercantile or collection agency in Delaware as required by 30 Del. C. § 2301(a)(11), and has not paid the annual license fee or registered with the Delaware Division of Revenue.

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

18. Plaintiff incorporates Paragraphs 1-17 as if fully set forth herein.

19. Defendant's conduct violated the FDCPA in at least the following respects:

• § 1692c(a)(1) — communicating at unusual or inconvenient times or places;
• § 1692c(a)(3) — communicating at Plaintiff's place of employment after notice;
• § 1692c(b) — communicating with third parties about the debt;
• § 1692d — engaging in conduct the natural consequence of which is to harass, oppress, or abuse;
• § 1692d(5) — causing the telephone to ring repeatedly with intent to annoy;
• § 1692e — using false, deceptive, or misleading representations;
• § 1692e(2) — falsely representing the character, amount, or legal status of the debt;
• § 1692e(5) — threatening action that cannot legally be taken or is not intended;
• § 1692e(11) — failing to disclose in subsequent communications that the communication is from a debt collector;
• § 1692f — using unfair or unconscionable means to collect a debt;
• § 1692g(a) — failing to provide a written validation notice within five days;
• § 1692g(b) — continuing collection after a written dispute without providing verification.

20. As a result of Defendant's violations, Plaintiff is entitled to actual damages, statutory damages of up to $1,000 per Plaintiff per action, costs, and reasonable attorney's fees pursuant to 15 U.S.C. § 1692k(a).

7. COUNT II — DELAWARE CONSUMER FRAUD ACT (6 Del. C. § 2513)

21. Plaintiff incorporates Paragraphs 1-20 as if fully set forth herein.

22. Defendant's collection of the Alleged Debt constitutes the "sale" or attempted enforcement of "merchandise" (including services and intangibles) within the broad meaning of 6 Del. C. § 2511.

23. Defendant's misrepresentations regarding the character, amount, and legal status of the Alleged Debt; threats of legal action that Defendant could not lawfully take or did not intend to take; and concealment or omission of material facts (including the absence of a Delaware collection-agency license) constitute "deception, fraud, false pretense, false promise, misrepresentation, or the concealment, suppression, or omission of any material fact" within the meaning of 6 Del. C. § 2513(a).

24. Pursuant to 6 Del. C. § 2525, a private cause of action is available to any victim of a violation of Subchapter II without the need for prior action by the Attorney General.

25. As a direct and proximate result of Defendant's unlawful practices, Plaintiff has suffered actual damages including emotional distress, lost time, out-of-pocket expenses, and harm to credit reputation.

8. COUNT III — UNLICENSED COLLECTION ACTIVITY (30 Del. C. § 2301)

26. Plaintiff incorporates Paragraphs 1-25 as if fully set forth herein.

27. 30 Del. C. § 2301(a)(11) requires every "mercantile agency" or "collection agency" — defined to include every person operating a business of the collection of commercial or consumer accounts for other persons (excluding licensed Delaware attorneys) — to obtain an annual Delaware business license through the Division of Revenue.

28. Upon information and belief, Defendant [has not / has failed to maintain] the required Delaware mercantile-agency license at all times material to this action.

29. Collection of the Alleged Debt by an unlicensed collection agency constitutes an unfair practice under 6 Del. C. § 2511 and a deceptive practice under 6 Del. C. § 2513 because Defendant's communications conveyed an implicit representation of lawful authority to collect that Defendant lacked.

9. DAMAGES

30. Actual Damages. Plaintiff has suffered actual damages in an amount to be proven at trial, including emotional distress, lost wages or time, out-of-pocket expenses, and damage to credit reputation.

31. Statutory Damages. Pursuant to 15 U.S.C. § 1692k(a)(2)(A), Plaintiff seeks statutory damages of up to $1,000.

32. Treble Damages. To the extent treble damages are awardable under 6 Del. C. § 2533 in connection with the Deceptive Trade Practices Act and any common-law fraud claim, Plaintiff seeks trebling of compensatory damages.

33. Attorney's Fees and Costs. Pursuant to 15 U.S.C. § 1692k(a)(3) and 6 Del. C. § 2533(b), Plaintiff seeks reasonable attorney's fees and costs of suit.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment in Plaintiff's favor and against Defendants as follows:

• A. Actual damages in an amount to be proven at trial;
• B. Statutory damages of $1,000 per Plaintiff per action under 15 U.S.C. § 1692k(a)(2)(A);
• C. Treble damages where authorized by 6 Del. C. § 2533;
• D. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and 6 Del. C. § 2533(b);
• E. Pre-judgment and post-judgment interest at the legal rate;
• F. Injunctive relief barring further violations;
• G. Such other and further relief as the Court deems just and proper.

11. 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(b).

12. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Delaware Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused the foregoing COMPLAINT to be served upon Defendants by [CM/ECF / certified mail, return receipt requested / personal service] at the addresses listed below:

[SERVICE LIST]

[________________________________]

[ATTORNEY NAME]

14. DELAWARE PRACTICE NOTES

• No state debt-collection statute. Delaware has not enacted a comprehensive state-law analogue to the FDCPA. Pleading must rely on the DCFA (Subchapter II of Chapter 25 of Title 6) and, where the facts fit, the DTPA (Subchapter III).
• DCFA private right of action. 6 Del. C. § 2525 expressly authorizes private suits without prior AG action. The savings clause preserves common-law remedies.
• DTPA standing. Delaware courts have read the Deceptive Trade Practices Act (§ 2532) to require a horizontal business or trade interest; pure retail consumer claims should rest on the CFA, not the DTPA. Grand Ventures, Inc. v. Whaley, 632 A.2d 63 (Del. 1993).
• FDCPA limitations period. Action must be brought within one (1) year from the date of violation. 15 U.S.C. § 1692k(d).
• DCFA limitations period. Three (3) years under 10 Del. C. § 8106 (residual statute).
• Forum. U.S. District Court for the District of Delaware (J. Caleb Boggs Federal Building, 844 N. King St., Wilmington, DE 19801) for federal question; Delaware Superior Court for state-law-only claims; Court of Common Pleas for amounts under $75,000.
• Licensing verification. Confirm Defendant's mercantile-agency license through the Delaware Division of Revenue (revenue.delaware.gov) before pleading Count III.
• AG referral. Consider a parallel administrative complaint to the Delaware Attorney General Consumer Protection Unit (see companion ag_cfpb_complaint_pack.md) and the federal CFPB.

15. SOURCES AND REFERENCES

• 15 U.S.C. § 1692 et seq. (FDCPA) — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• 6 Del. C. ch. 25, Subchapter II (Consumer Fraud) — https://delcode.delaware.gov/title6/c025/sc02/index.html
• 6 Del. C. ch. 25, Subchapter III (Deceptive Trade Practices) — https://delcode.delaware.gov/title6/c025/sc03/index.html
• 30 Del. C. § 2301 (Occupational license fees) — https://delcode.delaware.gov/title30/c023/index.html
• 10 Del. C. § 8106 (3-year limitations period) — https://delcode.delaware.gov/title10/c081/index.html
• Delaware Division of Revenue — https://revenue.delaware.gov/
• Delaware Attorney General Consumer Protection — https://attorneygeneral.delaware.gov/fraud/cpu/
• Grand Ventures, Inc. v. Whaley, 632 A.2d 63 (Del. 1993)
• CFPB Debt Collection Resources — https://www.consumerfinance.gov/consumer-tools/debt-collection/

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