FDCPA Violation Complaint - Idaho

COMPLAINT — FDCPA AND IDAHO CONSUMER PROTECTION ACT VIOLATIONS

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Federal FDCPA Violations
7. Count II — Idaho Consumer Protection Act Violations
8. Count III — Idaho Collection Agency Act Predicate Violations
9. Damages
10. Prayer for Relief
11. Jury Demand
12. Signature Block
13. Verification
14. Certificate of Service
15. Idaho Practice Notes
16. Sources and References

1. CAPTION

IN THE DISTRICT COURT OF THE [_______________] JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [_______________]

Case No.: [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

(Violations of the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.; the Idaho Consumer Protection Act, Idaho Code § 48-601 et seq.; and the Idaho Collection Agency Act, Idaho Code § 26-2222 et seq.)

Filing Fee Category: ☐ AA ☐ AB ☐ I ☐ Other: [___]

2. INTRODUCTION

1. This is an action by Plaintiff [PLAINTIFF NAME] ("Plaintiff"), an Idaho consumer, against Defendant [DEBT COLLECTOR NAME] ("Defendant") for unlawful debt-collection practices, including harassment, false and misleading representations, and unfair conduct in violation of the federal Fair Debt Collection Practices Act ("FDCPA"), the Idaho Consumer Protection Act ("ICPA"), and the Idaho Collection Agency Act ("ICAA").

2. Plaintiff seeks statutory damages, actual damages, the greater of actual damages or $1,000 per Defendant under Idaho Code § 48-608, punitive damages for repeated or flagrant violations, declaratory and injunctive relief, costs, and reasonable attorney's fees.

3. JURISDICTION AND VENUE

3. This Court has subject-matter jurisdiction over the FDCPA claim pursuant to 15 U.S.C. § 1692k(d) and 28 U.S.C. § 1331, and supplemental jurisdiction over the state-law claims pursuant to 28 U.S.C. § 1367(a).

4. Venue is proper because a substantial part of the events or omissions giving rise to the claims occurred in [_______________] County, Idaho, where Plaintiff resides and received the unlawful communications. Idaho Code § 5-404; 28 U.S.C. § 1391(b)(2).

4. PARTIES

5. Plaintiff [PLAINTIFF NAME] is a natural person residing in [_______________] County, Idaho, and is a "consumer" as defined by 15 U.S.C. § 1692a(3).

6. Defendant [DEBT COLLECTOR NAME] is a [corporation / LLC / collection agency] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. Defendant regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due to another, and is therefore a "debt collector" within the meaning of 15 U.S.C. § 1692a(6) and a "collection agency" within the meaning of Idaho Code § 26-2222(2). Defendant is licensed by, or required to be licensed by, the Idaho Department of Finance pursuant to Idaho Code § 26-2229.

7. Defendant [INDIVIDUAL COLLECTOR NAME] is a natural person and a "debt collector" within the meaning of 15 U.S.C. § 1692a(6) who personally engaged in the conduct alleged below.

5. FACTUAL ALLEGATIONS

8. On or about [DATE], Defendant began attempting to collect from Plaintiff an alleged consumer debt in the amount of approximately $[AMOUNT] (the "Debt"). The Debt arose out of a transaction in which the money, property, insurance, or services that are the subject of the transaction were primarily for personal, family, or household purposes. 15 U.S.C. § 1692a(5).

9. Defendant placed [NUMBER] telephone calls to Plaintiff between [DATE] and [DATE], including calls placed before 8:00 a.m. or after 9:00 p.m. local time, in violation of 15 U.S.C. § 1692c(a)(1).

10. On or about [DATE], Plaintiff sent Defendant a written request to cease communications. 15 U.S.C. § 1692c(c). Despite receipt, Defendant continued to call and write Plaintiff.

11. Defendant communicated with [third party — e.g., Plaintiff's employer / family member / neighbor] on [DATE] and disclosed that Plaintiff allegedly owed the Debt, in violation of 15 U.S.C. § 1692c(b).

12. In its written communications dated [DATE], Defendant misrepresented the character, amount, or legal status of the Debt by [DESCRIBE — e.g., adding unauthorized fees, misstating the principal balance, threatening litigation Defendant did not intend to pursue, threatening criminal prosecution], in violation of 15 U.S.C. § 1692e.

13. Defendant failed to provide the validation notice required by 15 U.S.C. § 1692g(a) within five days of its initial communication, and continued collection activity after Plaintiff's timely written dispute without obtaining and mailing verification, in violation of 15 U.S.C. § 1692g(b).

14. Defendant [reported / threatened to report] the disputed Debt to one or more consumer-reporting agencies without disclosing that the Debt was disputed, in violation of 15 U.S.C. § 1692e(8).

15. Upon information and belief, Defendant is [not licensed / licensed but in violation of bond and trust-account requirements] as a collection agency under Idaho Code § 26-2229. Operating as a collection agency in Idaho without a current license is a separate statutory violation under Idaho Code § 26-2238 and constitutes an unlawful practice for purposes of the ICPA.

16. As a direct and proximate result of Defendant's conduct, Plaintiff suffered actual damages, including emotional distress, embarrassment, lost time, out-of-pocket costs, and damage to credit reputation.

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

17. Plaintiff incorporates Paragraphs 1–16.

18. Defendant violated multiple provisions of the FDCPA, including but not limited to:

• 15 U.S.C. § 1692c(a)(1) — communications at unusual or inconvenient times or places;
• 15 U.S.C. § 1692c(b) — improper third-party communications;
• 15 U.S.C. § 1692c(c) — continued contact after a cease-communication request;
• 15 U.S.C. § 1692d — harassment or abuse;
• 15 U.S.C. § 1692e — false, deceptive, or misleading representations;
• 15 U.S.C. § 1692e(5) — threatening action that cannot legally be taken or is not intended;
• 15 U.S.C. § 1692e(8) — failure to disclose dispute to consumer-reporting agencies;
• 15 U.S.C. § 1692f — unfair or unconscionable means;
• 15 U.S.C. § 1692f(1) — collection of amounts not authorized by agreement or law;
• 15 U.S.C. § 1692g — failure to provide validation notice and continued collection after dispute.

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

7. COUNT II — IDAHO CONSUMER PROTECTION ACT (Idaho Code § 48-601 et seq.)

20. Plaintiff incorporates Paragraphs 1–16.

21. Defendant engaged in unfair methods of competition and unfair or deceptive acts or practices in the conduct of trade or commerce in Idaho, in violation of Idaho Code § 48-603, including:

• Representing that the Debt has characteristics, status, or legal qualities it does not have (Idaho Code § 48-603(5), (7), (9));
• Engaging in acts or practices that are unconscionable (Idaho Code § 48-603C);
• Misrepresenting the source, sponsorship, approval, or authority associated with the Debt or with Defendant itself (Idaho Code § 48-603(2), (3));
• Making false or misleading statements concerning the reasons for, existence of, or amounts of price reductions, fees, or charges (Idaho Code § 48-603(11)).

22. Defendant's deceptive acts or practices were performed knowingly or with reckless disregard for the truth.

23. Plaintiff purchased or otherwise transacted in goods or services (or, alternatively, was the target of trade or commerce conducted by Defendant within the broader meaning of the Act) and suffered an ascertainable loss of money or property as a result of Defendant's violations of § 48-603.

24. Pursuant to Idaho Code § 48-608(1), Plaintiff is entitled to recover actual damages OR $1,000, whichever is greater, together with reasonable attorney's fees.

25. Pursuant to Idaho Code § 48-608(1), the Court may, in its discretion, award punitive damages and equitable relief in cases of repeated or flagrant violations. Defendant's conduct evidences a pattern of repeated and flagrant violations entitling Plaintiff to a punitive award.

8. COUNT III — IDAHO COLLECTION AGENCY ACT PREDICATE VIOLATIONS (Idaho Code § 26-2222 et seq.)

27. Plaintiff incorporates Paragraphs 1–16.

28. The Idaho Collection Agency Act ("ICAA") requires every person engaging in collection activities in Idaho to obtain a license from the Idaho Department of Finance and to maintain a continuing surety bond and trust accounting for funds collected. Idaho Code §§ 26-2229, 26-2229A, 26-2233.

29. Upon information and belief, Defendant [was not properly licensed / failed to maintain the required surety bond / commingled trust funds / failed to provide the trust accounting required by § 26-2233] at the time of the conduct alleged herein.

30. Defendant's violations of the ICAA constitute unlawful conduct directly relevant to Defendant's "trade or commerce" in Idaho. While the ICAA itself does not directly authorize a private right of action, Defendant's noncompliance constitutes an unlawful and unfair practice for purposes of Idaho Code § 48-603, supports the ICPA count above, and, with respect to a posted surety bond, may afford Plaintiff a separate claim for recovery against the bond pursuant to Idaho Code § 26-2229A.

31. Plaintiff reserves the right to make a claim against Defendant's surety bond and to refer Defendant's conduct to the Idaho Department of Finance for administrative enforcement.

9. DAMAGES

32. Actual Damages. Plaintiff suffered emotional distress, anxiety, sleep disruption, embarrassment, lost time, out-of-pocket costs, and damage to credit reputation in an amount to be proven at trial, but not less than $[AMOUNT].

33. Statutory Damages — FDCPA. Up to $1,000 per Defendant under 15 U.S.C. § 1692k(a)(2)(A).

34. Statutory Damages — ICPA. The greater of actual damages OR $1,000 under Idaho Code § 48-608(1).

35. Punitive Damages. Idaho Code § 48-608(1) authorizes punitive damages in the court's discretion for repeated or flagrant violations. Idaho Code § 6-1604 governs the procedural prerequisite for adding a punitive claim by amendment after a prima facie showing.

36. Enhanced Penalty (if applicable). $15,000 or treble actual damages, whichever is greater, under Idaho Code § 48-1505(3) if Plaintiff is an elderly or disabled person.

37. Attorney's Fees and Costs. 15 U.S.C. § 1692k(a)(3); Idaho Code § 48-608(5); Idaho Code § 12-121 (where appropriate).

38. Equitable Relief. Declaratory and injunctive relief enjoining Defendant from further unlawful collection conduct.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

• A. Enter judgment against Defendant for actual damages in an amount to be proven at trial;
• B. Award statutory damages of $1,000 per Defendant under 15 U.S.C. § 1692k(a)(2)(A);
• C. Award the greater of actual damages or $1,000 under Idaho Code § 48-608(1);
• D. Award punitive damages under Idaho Code § 48-608(1) for Defendant's repeated and flagrant violations, subject to the procedural requirements of Idaho Code § 6-1604;
• E. Award the enhanced penalty under Idaho Code § 48-1505(3) (if Plaintiff is elderly or disabled);
• F. Award reasonable attorney's fees and costs pursuant to 15 U.S.C. § 1692k(a)(3) and Idaho Code § 48-608(5);
• G. Issue declaratory and injunctive relief against further unlawful conduct;
• H. Award pre- and post-judgment interest at the maximum lawful rate (Idaho Code § 28-22-104); and
• I. Grant such other and further relief as the Court deems just and proper.

11. JURY DEMAND

Plaintiff demands a trial by jury on all claims so triable as a matter of right pursuant to Idaho R. Civ. P. 38(b) and Fed. R. Civ. P. 38.

12. SIGNATURE BLOCK

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Idaho State Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, IDAHO ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. VERIFICATION

STATE OF IDAHO

COUNTY OF [_______________]

I, [PLAINTIFF NAME], being first duly sworn upon oath, depose and state that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint and know the contents thereof; and that the same is true to my own knowledge except as to those matters stated upon information and belief, and as to those matters I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public for the State of Idaho

Residing at: [_______________]

My Commission Expires: [_______________]

14. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing COMPLAINT AND DEMAND FOR JURY TRIAL upon all parties of record by [Idaho iCourt File and Serve / U.S. Mail / personal service] at the addresses below:

[SERVICE LIST]

[________________________________]

[ATTORNEY NAME]

15. IDAHO PRACTICE NOTES

• Forum selection. The FDCPA permits filing in any court of competent jurisdiction. Federal court (U.S. District Court for the District of Idaho) is often preferred for its experience with FDCPA case law and consolidated discovery rules. Idaho district courts have general civil jurisdiction; magistrate division handles small claims up to $10,000 (Idaho Code § 1-2208) and is poorly suited to ICPA punitive claims.
• Limitations periods. FDCPA: 1 year from violation, 15 U.S.C. § 1692k(d). ICPA: 2 years from accrual, Idaho Code § 48-619. Plead the most recent violation as the trigger date and consider the continuing-violation doctrine.
• ICPA private right of action. Idaho Code § 48-608 provides the greater of actual damages or $1,000. Attorney's fees to a prevailing plaintiff are mandatory ("the court shall award . . . reasonable attorney's fees") under § 48-608(5). Punitive damages are discretionary for repeated or flagrant violations.
• Punitive damages procedure. Idaho Code § 6-1604 requires a separate motion to amend the pleadings to add a punitive-damages claim, supported by a prima facie showing of fraud, malice, oppression, or outrageous conduct. Punitive damages are subject to a cap of the greater of $250,000 or three times compensatory damages (Idaho Code § 6-1604(3)).
• Elderly/disabled enhancement. Idaho Code §§ 48-1501–48-1506 provide enhanced civil penalties of $15,000 or treble actual damages for ICPA violations against persons aged 60+ or disabled persons.
• ICAA licensing verification. Verify Defendant's collection-agency license at the Idaho Department of Finance, https://www.finance.idaho.gov/. Operating without a license violates Idaho Code § 26-2238 and supports an ICPA predicate.
• Surety bond. Idaho Code § 26-2229A requires every licensed collection agency to maintain a surety bond. A consumer harmed by the agency's misconduct may make a claim against the bond.
• Bona fide error defense. Defendant may invoke 15 U.S.C. § 1692k(c). Be prepared to seek discovery of compliance procedures, training, and dialer logs.
• Removal risk. State-court FDCPA cases are commonly removed under 28 U.S.C. § 1441. Plaintiffs preferring state court should consider pleading only the ICPA and ICAA counts (no federal claim) to defeat federal-question removal.
• Pre-suit demand. While not statutorily required, an FRE 408-protected demand letter often resolves cases pre-litigation and demonstrates good faith for fee enhancement under Idaho Code § 12-121.
• Statute of limitations on the underlying debt. Idaho's limitations periods on collected debts are 5 years on written contracts (Idaho Code § 5-216), 4 years on oral contracts (§ 5-217), and 4 years on open accounts (§ 5-217). A collector's threat to sue on a time-barred debt is a per se FDCPA violation.

16. SOURCES AND REFERENCES

• 15 U.S.C. § 1692 et seq. — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• 15 U.S.C. § 1692g (validation) — 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
• Idaho Code Title 48, Chapter 6 (ICPA) — https://legislature.idaho.gov/statutesrules/idstat/title48/t48ch6/
• Idaho Code § 48-603 (unfair practices) — https://legislature.idaho.gov/statutesrules/idstat/title48/t48ch6/sect48-603/
• Idaho Code § 48-608 (private remedy) — https://legislature.idaho.gov/statutesrules/idstat/title48/t48ch6/sect48-608/
• Idaho Code Title 26, Chapter 22 (ICAA) — https://legislature.idaho.gov/statutesrules/idstat/title26/t26ch22/
• Idaho Code § 26-2222 (definitions) — https://legislature.idaho.gov/statutesrules/idstat/title26/t26ch22/sect26-2222/
• Idaho Code § 6-1604 (punitive damages) — https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch16/sect6-1604/
• Idaho Department of Finance (Collection Agency Bureau) — https://www.finance.idaho.gov/
• Idaho Office of the Attorney General, Consumer Protection — https://www.ag.idaho.gov/consumer-protection/
• Rotkiske v. Klemm, 140 S. Ct. 355 (2019) (FDCPA limitations rule)
• State ex rel. Wasden v. Daicel Chem. Indus., 141 Idaho 102 (2005) (ICPA scope)
• 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 Idaho must review and customize this document before filing. Statutory citations and damage caps change; verify all authorities at legislature.idaho.gov, ag.idaho.gov, and finance.idaho.gov before use.