FDCPA Violation Complaint (Hawaii)

FDCPA VIOLATION COMPLAINT — HAWAII

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Violation of the FDCPA, 15 U.S.C. § 1692 et seq.
7. Count II — Violation of HRS § 480-2 (Unfair or Deceptive Acts or Practices)
8. Count III — Violation of HRS Chapter 443B (Collection Agencies Act)
9. Damages
10. Prayer for Relief
11. Demand for Trial by Jury
12. Signature and Service Blocks
13. Certificate of Service
14. Hawaii Practice Notes
15. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

CIVIL ACTION NO. [________________________________]

COMPLAINT FOR VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT AND HAWAII LAW; DEMAND FOR JURY TRIAL

2. INTRODUCTION

1.1. This is a civil action brought by Plaintiff against Defendant(s) for violations of the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692-1692p; Hawaii's Unfair or Deceptive Acts or Practices statute, Haw. Rev. Stat. § 480-2 (private remedy at § 480-13); and the Hawaii Collection Agencies Act, Haw. Rev. Stat. ch. 443B.

1.2. Defendant(s) engaged in abusive, deceptive, and unfair debt-collection practices in connection with the attempted collection of a consumer debt allegedly owed by Plaintiff.

1.3. Plaintiff seeks actual damages, statutory damages, treble damages, injunctive relief, attorney's fees and costs, and such other relief as the Court deems just.

3. JURISDICTION AND VENUE

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

2.2. The Court has supplemental jurisdiction over Plaintiff's state-law claims under 28 U.S.C. § 1367(a) because they form part of the same case or controversy.

2.3. 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 Plaintiff resides in this District.

4. PARTIES

3.1. Plaintiff [PLAINTIFF NAME] is a natural person residing in [CITY, COUNTY], State of Hawaii, and is a "consumer" as defined by 15 U.S.C. § 1692a(3).

3.2. Defendant [COLLECTION AGENCY] is a [corporation / LLC] organized under the laws of [STATE] with its principal place of business at [ADDRESS], doing business in the State of Hawaii. Defendant regularly collects or attempts to collect consumer debts and is a "debt collector" as defined by 15 U.S.C. § 1692a(6).

3.3. Defendant [INDIVIDUAL COLLECTOR] is a natural person who, at all relevant times, acted as an agent or employee of Defendant [COLLECTION AGENCY] within the course and scope of that employment.

3.4. Upon information and belief, Defendant is [licensed / not licensed] as a collection agency under Haw. Rev. Stat. ch. 443B.

5. FACTUAL ALLEGATIONS

4.1. On or about [DATE], Plaintiff allegedly incurred a financial obligation to [ORIGINAL CREDITOR] in the amount of approximately $[AMOUNT] for [goods/services] primarily for personal, family, or household purposes (the "alleged Debt").

4.2. Defendant subsequently acquired or was assigned the alleged Debt for collection while it was in default, or began collection activity on behalf of the original creditor.

4.3. Beginning on or about [DATE], Defendant initiated communications with Plaintiff in connection with the collection of the alleged Debt.

4.4. The communications included, without limitation, the following acts and omissions by Defendant:

• [Telephone calls before 8:00 a.m. or after 9:00 p.m. local time at Plaintiff's location];
• [Repeated and continuous telephone calls with intent to annoy, abuse, or harass];
• [Communication with Plaintiff after Defendant knew Plaintiff was represented by counsel];
• [Use of false, deceptive, or misleading representations regarding the character, amount, or legal status of the Debt];
• [Threats to take action that cannot legally be taken or that was not intended to be taken (e.g., wage garnishment, lawsuit, arrest)];
• [Failure to send a written validation notice within five (5) days of the initial communication, in violation of 15 U.S.C. § 1692g(a)];
• [Failure to cease collection after Plaintiff's timely written dispute / verification request];
• [Communication with third parties, including [employer / family / neighbors], regarding the alleged Debt];
• [Failure to identify itself as a debt collector ("mini-Miranda" violation)];
• [Reporting or threatening to report false credit information to consumer reporting agencies];
• [Charging or attempting to collect amounts (interest, fees, charges) not expressly authorized by the agreement creating the Debt or permitted by law].

4.5. On [DATE], Plaintiff sent Defendant a written [validation request / cease-and-desist letter / dispute] by [certified mail / email / fax], a true and correct copy of which is attached as Exhibit A.

4.6. Defendant [failed to respond / continued collection efforts despite the request] in violation of 15 U.S.C. § 1692g(b) and § 1692c(c).

4.7. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered actual damages, including emotional distress, anxiety, sleeplessness, loss of time and productivity, telephone and postage expenses, and out-of-pocket costs.

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

5.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 4.7.

5.2. Defendant is a "debt collector" within the meaning of 15 U.S.C. § 1692a(6), and Plaintiff is a "consumer" within the meaning of 15 U.S.C. § 1692a(3).

5.3. The alleged Debt is a "debt" within the meaning of 15 U.S.C. § 1692a(5).

5.4. Defendant violated the FDCPA, including without limitation:

• 15 U.S.C. § 1692c(a)(1) — communicating at unusual or inconvenient times or places;
• 15 U.S.C. § 1692c(a)(2) — communicating with a represented consumer;
• 15 U.S.C. § 1692c(b) — communicating with third parties;
• 15 U.S.C. § 1692d — engaging in conduct the natural consequence of which is to harass, oppress, or abuse;
• 15 U.S.C. § 1692e — using false, deceptive, or misleading representations;
• 15 U.S.C. § 1692e(11) — failing to disclose that the communication is from a debt collector;
• 15 U.S.C. § 1692f — using unfair or unconscionable means to collect a debt;
• 15 U.S.C. § 1692g(a) — failing to provide a written validation notice;
• 15 U.S.C. § 1692g(b) — failing to cease collection after a timely dispute pending verification.

5.5. Pursuant to 15 U.S.C. § 1692k, Plaintiff is entitled to actual damages, statutory damages of up to $1,000.00, costs, and reasonable attorney's fees.

7. COUNT II — VIOLATION OF HRS § 480-2 (UNFAIR OR DECEPTIVE ACTS OR PRACTICES)

6.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 5.5.

6.2. Haw. Rev. Stat. § 480-2(a) declares unlawful "unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce."

6.3. Defendant's collection of consumer debts is "trade or commerce" within the meaning of § 480-2.

6.4. Plaintiff is a "consumer" within the meaning of § 480-1, and § 480-2(d) authorizes a private cause of action for consumers injured by unfair or deceptive acts or practices.

6.5. Defendant's conduct, as alleged above, constitutes unfair or deceptive acts or practices, including:

• Misrepresenting the character, amount, or legal status of the alleged Debt;
• Threatening action that could not legally be taken;
• Engaging in harassment and abuse;
• Violating the FDCPA, which itself constitutes a per se § 480-2 violation under Hawaii authority.

6.6. Pursuant to Haw. Rev. Stat. § 480-13(b)(1), Plaintiff, as a consumer, is entitled to recover the greater of $1,000 or threefold the actual damages sustained, plus reasonable attorney's fees and costs.

8. COUNT III — VIOLATION OF HRS CHAPTER 443B (COLLECTION AGENCIES ACT)

7.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 6.6.

7.2. Defendant is a "collection agency" within the meaning of Haw. Rev. Stat. § 443B-1.

7.3. Defendant violated Haw. Rev. Stat. § 443B-19 by, among other things:

• Communicating with Plaintiff at unusual or inconvenient times (between 9:00 p.m. and 8:00 a.m.);
• Communicating with Plaintiff after written notice to cease;
• Using harassing, oppressive, or abusive collection tactics;
• Making false or misleading representations;
• Charging or attempting to collect fees, costs, or commissions not authorized by HRS § 443B.

7.4. Pursuant to Haw. Rev. Stat. § 443B-20, a violation of Chapter 443B is also deemed a violation of HRS § 480-2, which entitles Plaintiff to the remedies available under § 480-13.

7.5. [If applicable] Defendant is also unlicensed under Hawaii law and has unlawfully engaged in collection-agency activity within the State, in further violation of HRS § 443B-3 and § 443B-3.5.

9. DAMAGES

8.1. Actual Damages. Plaintiff has suffered actual damages, including emotional distress, anxiety, sleeplessness, lost time, postage, telephone charges, and other out-of-pocket expenses, in an amount to be proven at trial.

8.2. Statutory Damages. Plaintiff is entitled to FDCPA statutory damages up to $1,000 per 15 U.S.C. § 1692k(a)(2)(A), and to the greater of $1,000 or treble actual damages under HRS § 480-13(b)(1).

8.3. Attorney's Fees and Costs. Plaintiff is entitled to reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and HRS § 480-13(b)(1).

8.4. Injunctive and Equitable Relief. Plaintiff seeks an order enjoining Defendant from continued unlawful collection activity directed at Plaintiff.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment in Plaintiff's favor and against Defendant(s), jointly and severally, as follows:

• A. Actual damages in an amount to be proven at trial;
• B. Statutory damages of up to $1,000 under 15 U.S.C. § 1692k(a)(2)(A);
• C. The greater of $1,000 or threefold the actual damages, plus reasonable attorney's fees and costs, under HRS § 480-13(b)(1);
• D. Injunctive relief barring further unlawful collection activity;
• E. Pre-judgment and post-judgment interest as allowed by law;
• F. Costs of suit and reasonable attorney's fees under 15 U.S.C. § 1692k(a)(3) and HRS § 480-13(b)(1);
• G. Such other and further relief as the Court deems just and proper.

11. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands trial by jury on all issues so triable, pursuant to Fed. R. Civ. P. 38(b) (or Haw. R. Civ. P. 38, if filed in state court).

12. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

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

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, HI ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], a true and correct copy of the foregoing COMPLAINT was served upon Defendant(s) in compliance with Fed. R. Civ. P. 4 (or Haw. R. Civ. P. 4) at:

[SERVICE LIST WITH ADDRESSES]

[________________________________]

[ATTORNEY NAME]

14. HAWAII PRACTICE NOTES

• Forum choice. Many Hawaii FDCPA cases are filed in U.S. District Court for the District of Hawaii to centralize federal-question jurisdiction. State circuit court remains an option, but defendants commonly remove FDCPA actions under 28 U.S.C. § 1441.
• Statutes of limitations. FDCPA: one year from the violation (15 U.S.C. § 1692k(d)). HRS § 480-2 / § 480-13: four years (HRS § 480-24). Plead each violation as discrete to preserve all damages.
• Treble damages mechanic. Under § 480-13(b)(1), Hawaii consumers recover the greater of $1,000 or threefold actual damages — not 3x plus 1x compensatory. See Davis v. Wholesale Motors, Inc., 86 Hawaii 405 (App. 1997).
• § 443B linkage. A violation of HRS ch. 443B is itself a violation of HRS § 480-2 (HRS § 443B-20), automatically unlocking the § 480-13 private remedy. Use Count III to multiply violations and strengthen leverage.
• Licensing check. Confirm whether the collector is licensed via the DCCA Professional and Vocational Licensing search before filing — unlicensed activity is a powerful additional violation.
• Mini-Miranda and validation. Pull and exhibit every dunning letter; absence of § 1692e(11) language or of § 1692g(a) validation notices is a common discrete violation.
• Bona fide error defense. Anticipate 15 U.S.C. § 1692k(c) defense; require written procedures in discovery.
• Class actions. FDCPA class damages are capped at the lesser of $500,000 or 1% of net worth (15 U.S.C. § 1692k(a)(2)(B)).
• Settlement leverage. FDCPA fee-shifting and § 480-13 trebled damages frequently drive early settlement — consider Rule 68 strategy.

15. SOURCES AND REFERENCES

• Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• Haw. Rev. Stat. § 480-2 — https://www.capitol.hawaii.gov/hrscurrent/vol11_ch0476-0490/hrs0480/hrs_0480-0002.htm
• Haw. Rev. Stat. § 480-13 — https://www.capitol.hawaii.gov/hrscurrent/vol11_ch0476-0490/hrs0480/hrs_0480-0013.htm
• Haw. Rev. Stat. ch. 443B — https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0436-0474/HRS0443B/HRS_0443B-.htm
• DCCA Office of Consumer Protection — https://cca.hawaii.gov/ocp/
• DCCA Collection Agencies licensing — https://cca.hawaii.gov/pvl/boards/collection/
• Davis v. Wholesale Motors, Inc., 86 Hawaii 405 (App. 1997) (treble damages mechanic)
• CFPB Debt Collection Rule (Reg. F), 12 C.F.R. Part 1006 — https://www.consumerfinance.gov/rules-policy/regulations/1006/

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