FDCPA Violation Complaint (Federal FDCPA + Georgia FBPA)

COMPLAINT — FDCPA + GEORGIA FAIR BUSINESS PRACTICES ACT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. FBPA Pre-Suit Demand Compliance
7. Count I — Violations of the FDCPA
8. Count II — Violations of the Georgia FBPA
9. Damages
10. Prayer for Relief
11. Demand for Trial by Jury
12. Signature and Service Blocks
13. Georgia Practice Notes
14. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

[NORTHERN / MIDDLE / SOUTHERN] DISTRICT OF GEORGIA

[__________________] DIVISION

CIVIL ACTION FILE NO. [________________________________]

COMPLAINT FOR DAMAGES (FDCPA + GEORGIA FBPA) — JURY TRIAL DEMANDED

2. INTRODUCTION

2.1. This is a consumer protection action arising under the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq., and the Georgia Fair Business Practices Act ("FBPA"), O.C.G.A. § 10-1-390 et seq.

2.2. Plaintiff alleges that Defendant(s), in connection with the collection of an alleged consumer debt, engaged in false, deceptive, harassing, and unfair conduct in violation of federal and Georgia law.

2.3. Plaintiff seeks actual damages, statutory damages, treble damages on intentional violations, equitable relief, and reasonable attorney's fees and costs.

3. JURISDICTION AND VENUE

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

3.2. The Court has supplemental jurisdiction over the Georgia FBPA claims pursuant to 28 U.S.C. § 1367(a) because the state-law claims arise from the same case or controversy as the federal claims.

3.3. Venue is proper in this District under 28 U.S.C. § 1391(b) because a substantial part of the events giving rise to the claims occurred in this District and/or because Defendant(s) reside or transact business here.

4. PARTIES

4.1. Plaintiff [PLAINTIFF NAME] is a natural person and a "consumer" within the meaning of 15 U.S.C. § 1692a(3), residing in [COUNTY] County, Georgia.

4.2. Defendant [DEBT COLLECTOR ENTITY] is a [corporation/LLC] organized under the laws of [STATE] with its principal place of business at [ADDRESS], and is a "debt collector" within the meaning of 15 U.S.C. § 1692a(6) because it regularly collects debts owed or due another and/or its principal purpose is the collection of debts.

4.3. Defendant [INDIVIDUAL COLLECTOR] is, on information and belief, a natural person employed by or acting on behalf of [DEBT COLLECTOR ENTITY] and is personally liable as a "debt collector" under the FDCPA for the conduct alleged herein.

5. FACTUAL ALLEGATIONS

5.1. The alleged debt at issue (the "Debt") is a consumer debt incurred by Plaintiff primarily for personal, family, or household purposes within the meaning of 15 U.S.C. § 1692a(5).

5.2. The original creditor of the Debt was [ORIGINAL CREDITOR], account number [ACCOUNT — last four digits].

5.3. On or about [DATE], Defendant(s) initiated communications with Plaintiff in connection with the collection of the Debt.

5.4. Specifically, Defendant(s) engaged in the following conduct (the "Collection Conduct"):

• [DESCRIBE — e.g., placed [number] telephone calls to Plaintiff's cell phone within [time period], including [number] calls after Plaintiff orally requested that Defendant cease calling];
• [DESCRIBE — e.g., contacted Plaintiff at her place of employment after being told that her employer prohibits such calls];
• [DESCRIBE — e.g., misrepresented the amount, character, or legal status of the Debt by stating [specific misrepresentation]];
• [DESCRIBE — e.g., threatened legal action that Defendant did not intend to take and could not lawfully take, including threats of arrest, wage garnishment without judgment, or criminal prosecution];
• [DESCRIBE — e.g., communicated with third parties (employer, family members, neighbors) regarding the Debt without Plaintiff's prior consent];
• [DESCRIBE — e.g., failed to send the written validation notice required by 15 U.S.C. § 1692g within five days of the initial communication];
• [DESCRIBE — e.g., continued collection activity after Plaintiff disputed the Debt in writing within the 30-day validation period and before Defendant obtained verification];
• [DESCRIBE — e.g., reported the Debt to one or more consumer reporting agencies without indicating that the Debt was disputed].

5.5. As a direct result of the Collection Conduct, Plaintiff suffered actual damages including, but not limited to: emotional distress, anxiety, embarrassment, sleep disturbance, lost time and wages, out-of-pocket costs (postage, telephone, copying), and harm to credit reputation.

5.6. Defendant(s) acted intentionally, willfully, or with reckless disregard for Plaintiff's rights under federal and Georgia law.

6. FBPA PRE-SUIT DEMAND COMPLIANCE

6.1. On [DATE — at least 30 days before filing], Plaintiff, by and through undersigned counsel, delivered a written demand for relief to each Defendant pursuant to O.C.G.A. § 10-1-399(b). A true and correct copy of the demand letter is attached as Exhibit A.

6.2. The demand letter identified Plaintiff as the claimant, reasonably described each unfair or deceptive act or practice complained of, and described the injury suffered.

6.3. More than 30 days have elapsed since delivery of the demand letter. Defendant(s) have [failed to respond / responded with a tender of settlement that was inadequate / refused all relief], and Plaintiff is therefore entitled to bring this action.

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

7.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.6.

7.2. Defendant(s)' Collection Conduct violated, inter alia, the following provisions of the FDCPA:

• 15 U.S.C. § 1692c(a)–(c) — Communications at unusual times or places, after refusal to pay, or with represented consumer;
• 15 U.S.C. § 1692c(b) — Communications with third parties without consent;
• 15 U.S.C. § 1692d — Harassing, oppressive, or abusive conduct, including repeated or continuous telephone calls;
• 15 U.S.C. § 1692e — False, deceptive, or misleading representations, including false representation of the character, amount, or legal status of the debt and threats of action that cannot legally be taken;
• 15 U.S.C. § 1692f — Unfair or unconscionable means to collect or attempt to collect;
• 15 U.S.C. § 1692g(a)–(b) — Failure to provide validation notice and continued collection during the dispute period.

7.3. Pursuant to 15 U.S.C. § 1692k, Plaintiff is entitled to actual damages, statutory damages of up to $1,000 per Plaintiff in this individual action, and reasonable attorney's fees and costs.

8. COUNT II — VIOLATIONS OF THE GEORGIA FAIR BUSINESS PRACTICES ACT (O.C.G.A. § 10-1-390 et seq.)

8.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 6.3.

8.2. The Collection Conduct occurred within the "consumer marketplace" of Georgia and constitutes "unfair or deceptive acts or practices in the conduct of consumer transactions and consumer acts or practices in trade or commerce" prohibited by O.C.G.A. § 10-1-393(a).

8.3. The Collection Conduct included, without limitation, conduct enumerated or analogous to the practices identified in O.C.G.A. § 10-1-393(b), including misrepresentations as to the source, characteristics, or legal status of services, false or misleading statements concerning the reasons for or the amount of price reductions, and other deceptive conduct.

8.4. The Collection Conduct was intentional within the meaning of O.C.G.A. § 10-1-399(c). Defendant(s) knew, or in the exercise of reasonable care should have known, that the conduct violated the FBPA, and proceeded nonetheless.

8.5. Pursuant to O.C.G.A. § 10-1-399(a)–(d), Plaintiff is entitled to general damages, treble damages on the intentional violations, exemplary damages, equitable injunctive relief, and reasonable attorney's fees and litigation expenses.

9. DAMAGES

9.1. Actual damages including emotional distress, anxiety, lost time and wages, out-of-pocket expenses, and harm to credit reputation, in an amount to be proven at trial.

9.2. Statutory damages of up to $1,000.00 under 15 U.S.C. § 1692k(a)(2)(A).

9.3. General damages under O.C.G.A. § 10-1-399(a).

9.4. Treble damages on intentional FBPA violations under O.C.G.A. § 10-1-399(c).

9.5. Exemplary damages as warranted by Defendant(s)' willful and wanton conduct.

9.6. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and O.C.G.A. § 10-1-399(d).

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands:

• A. Judgment against Defendant(s), jointly and severally, for actual and general damages in an amount to be determined by a jury;
• B. Statutory damages of $1,000.00 per Plaintiff under 15 U.S.C. § 1692k(a)(2)(A);
• C. Treble damages under O.C.G.A. § 10-1-399(c) on the intentional FBPA violations;
• D. Exemplary damages as the jury may award;
• E. Equitable and injunctive relief, including an order enjoining Defendant(s) from further violations;
• F. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and O.C.G.A. § 10-1-399(d);
• G. Pre-judgment and post-judgment interest as allowed by law;
• H. Such other and further relief as the Court deems just and proper.

11. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Federal Rule of Civil Procedure 38(b).

12. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Georgia Bar No. [______]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. GEORGIA PRACTICE NOTES

• 30-day demand letter is mandatory under O.C.G.A. § 10-1-399(b). No FBPA action may be filed until 30 days after written demand is delivered to each prospective respondent. The demand must identify the claimant, reasonably describe the unfair or deceptive practice, and describe the injury. A demand that fails any of these elements is defective; the FBPA count will be dismissed and may not be re-pleaded until a new, conforming demand is delivered and 30 days have elapsed. Out-of-state respondents with no Georgia place of business or assets are exempt from the demand requirement.
• Demand does not toll the FBPA limitations period. O.C.G.A. § 10-1-401 imposes a two-year limit running from the violation or discovery, whichever is later. The 30-day demand period does not toll, suspend, or extend the period. Issue the demand early enough to allow filing within the two-year window.
• Tender of settlement consequences. A respondent who delivers a written settlement tender within the 30-day period may, if the claimant rejects, file the tender and an affidavit and limit any recovery to the relief tendered if the court finds the tender reasonable. Counsel must evaluate any tender carefully before rejecting.
• Treble damages require intentional violation. The court "shall award" three times actual damages on a finding that the violation was intentional. O.C.G.A. § 10-1-399(c). Plead intent specifically and develop intent evidence in discovery (collector training materials, scripts, internal memos, prior consumer complaints, prior litigation history).
• FBPA "consumer marketplace" requirement. Georgia courts confine the private FBPA right of action to conduct that occurred within the public consumer marketplace and impacted consumers generally — not isolated, purely private contract disputes. The petition should plead facts showing the conduct affected, or had the potential to affect, the public consumer marketplace.
• FDCPA limitations period is shorter. One year from the violation under 15 U.S.C. § 1692k(d). Confirm filing date against the earliest actionable violation; older violations may be excluded under the "discrete violation" rule.
• Concurrent jurisdiction. FDCPA claims may be filed in federal or state court. Filing in U.S. District Court is typical given federal-question jurisdiction and the supplemental FBPA count, but Georgia State or Superior Court is also proper.
• Removal risk if filed in state court. A defendant may remove to federal court under 28 U.S.C. § 1441 because the FDCPA count presents a federal question. Anticipate and prepare for removal.
• Georgia debt-collection licensing. Georgia does not impose a separate state debt-collection statute analogous to those in California or Texas. Debt buyers and third-party collectors are regulated principally by the FDCPA and the FBPA; banks and licensed installment lenders are regulated by the Georgia Department of Banking and Finance.
• Cap on FDCPA statutory damages. 15 U.S.C. § 1692k(a)(2)(A) caps statutory damages in an individual action at $1,000 — not per violation. Class actions have separate caps under § 1692k(a)(2)(B).

14. SOURCES AND REFERENCES

• 15 U.S.C. § 1692 et seq. (FDCPA) — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• 15 U.S.C. § 1692g (Validation of debts) — 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
• O.C.G.A. § 10-1-390 et seq. (FBPA) — https://law.justia.com/codes/georgia/title-10/chapter-1/article-15/part-2/
• O.C.G.A. § 10-1-393 (Unfair or deceptive practices) — https://law.justia.com/codes/georgia/title-10/chapter-1/article-15/part-2/section-10-1-393/
• O.C.G.A. § 10-1-399 (Civil actions; demand letter; treble damages; fees) — https://law.justia.com/codes/georgia/title-10/chapter-1/article-15/part-2/section-10-1-399/
• O.C.G.A. § 10-1-401 (Two-year limitations) — https://law.justia.com/codes/georgia/title-10/chapter-1/article-15/part-2/
• Georgia AG Consumer Protection Division — https://consumer.georgia.gov/
• CFPB (debt-collection complaints) — https://www.consumerfinance.gov/complaint/
• Federal Rules of Civil Procedure 8, 10, 38 — https://www.uscourts.gov/rules-policies

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