FDCPA Violation Complaint (Federal FDCPA + Indiana Deceptive Consumer Sales Act)

COMPLAINT — FDCPA + INDIANA DECEPTIVE CONSUMER SALES ACT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. IDCSA Notice of Cure Compliance
7. Count I — Violations of the FDCPA
8. Count II — Violations of the IDCSA (Uncured / Incurable Deceptive Acts)
9. Count III — Indiana Collection Agency Act Violations
10. Damages
11. Prayer for Relief
12. Demand for Trial by Jury
13. Signature and Service Blocks
14. Indiana Practice Notes
15. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

[NORTHERN / SOUTHERN] DISTRICT OF INDIANA

[__________________] DIVISION

CAUSE NO. [________________________________]

COMPLAINT FOR DAMAGES (FDCPA + IDCSA + INDIANA COLLECTION AGENCY ACT) — 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., the Indiana Deceptive Consumer Sales Act ("IDCSA"), Ind. Code § 24-5-0.5-1 et seq., and the Indiana Collection Agency Act ("ICAA"), Ind. Code § 25-11-1 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 Indiana law.

2.3. Plaintiff seeks actual damages, statutory damages, treble damages on willful or incurable acts, 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 Indiana state-law claims pursuant to 28 U.S.C. § 1367(a) because they 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) and Ind. Code § 24-5-0.5-2(a)(2), residing in [COUNTY] County, Indiana.

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) and a "supplier" within the meaning of Ind. Code § 24-5-0.5-2(a)(3) (which expressly includes a creditor or assignee that engages in consumer transactions, including debt collection).

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.

4.4. [Senior consumer enhancement, if applicable] Plaintiff is, and at all relevant times was, a "senior consumer" within the meaning of Ind. Code § 24-5-0.5-2(a)(11) (60 years of age or older).

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 Indiana law. The conduct was undertaken as part of a scheme, artifice, or device with intent to defraud or mislead Plaintiff and similarly situated Indiana consumers and accordingly constitutes an "incurable deceptive act" within the meaning of Ind. Code § 24-5-0.5-2(a)(8).

6. IDCSA NOTICE OF CURE COMPLIANCE

6.1. On [__/__/____] — within six months after Plaintiff's initial discovery of the deceptive act and within one year of the underlying consumer transaction — Plaintiff, by and through undersigned counsel, delivered written notice to Defendant(s) pursuant to Ind. Code § 24-5-0.5-5(a). A true and correct copy of the notice (the "Cure Notice") is attached as Exhibit A.

6.2. The Cure Notice fully stated the nature of the alleged deceptive act and the actual damage suffered by Plaintiff, as required by Ind. Code § 24-5-0.5-5(a).

6.3. More than thirty (30) days have elapsed since delivery of the Cure Notice. Defendant(s) [failed to make any offer to cure / made an offer that was not reasonably calculated to remedy the loss / made an offer that Plaintiff accepted but Defendant failed to perform within a reasonable time], rendering the deceptive acts "uncured" within the meaning of Ind. Code § 24-5-0.5-2(a)(7).

6.4. In the alternative, the Collection Conduct constitutes an "incurable deceptive act" under Ind. Code § 24-5-0.5-2(a)(8), undertaken as part of a scheme, artifice, or device with intent to defraud or mislead, for which no pre-suit notice is required.

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 IDCSA (UNCURED / INCURABLE DECEPTIVE ACTS)

8.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 6.4.

8.2. The transactions and Collection Conduct constitute "consumer transactions" within the meaning of Ind. Code § 24-5-0.5-2(a)(1), and Defendant(s) are "suppliers" within the meaning of Ind. Code § 24-5-0.5-2(a)(3).

8.3. The Collection Conduct constitutes one or more "deceptive acts" enumerated or proscribed by Ind. Code § 24-5-0.5-3, including without limitation:

• Representing that the subject of a consumer transaction has sponsorship, approval, performance, characteristics, accessories, uses, or benefits it does not have;
• Representing that the subject of the transaction is of a particular standard, quality, grade, style, or model that it is not;
• Misrepresenting the legal effect, ramifications, or amount due;
• Engaging in any other unfair, abusive, or deceptive act, omission, or practice in connection with a consumer transaction.

8.4. The deceptive acts are "uncured" within the meaning of Ind. Code § 24-5-0.5-2(a)(7), as established by the Cure Notice and Defendant(s)' failure to make or perform a timely offer to cure (see Section 6); and/or in the alternative are "incurable" within the meaning of Ind. Code § 24-5-0.5-2(a)(8), as the conduct was part of a scheme, artifice, or device with intent to defraud or mislead.

8.5. Pursuant to Ind. Code § 24-5-0.5-4(a), Plaintiff is entitled to recover actual damages or five hundred dollars ($500) per uncured deceptive act, whichever is greater.

8.6. Pursuant to Ind. Code § 24-5-0.5-4(a) (final clause), the Court may award treble damages (not to exceed $1,000) for willful deceptive acts.

8.7. [If Plaintiff is a senior consumer] Pursuant to Ind. Code § 24-5-0.5-4(j), Plaintiff, as a senior consumer, is entitled to seek treble damages for the uncured or incurable deceptive acts.

8.8. Plaintiff is also entitled to reasonable attorney's fees and costs under Ind. Code § 24-5-0.5-4(d).

9. COUNT III — INDIANA COLLECTION AGENCY ACT VIOLATIONS

9.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.6.

9.2. Defendant [DEBT COLLECTOR ENTITY] is a "collection agency" within the meaning of Ind. Code § 25-11-1-2 because it engages in the business of collecting claims of others or soliciting the right to collect such claims.

9.3. [On information and belief / Verifiable through Indiana Secretary of State records], Defendant [was not licensed / had a lapsed license / was not entitled to the nonresident "incidental contact" exemption] under Ind. Code § 25-11-1-3 at the time of the Collection Conduct.

9.4. Defendant's unlicensed collection activity violated the Indiana Collection Agency Act and constitutes additional evidence of an "unfair, abusive, or deceptive act" supporting Count II under Ind. Code § 24-5-0.5-3.

10. DAMAGES

10.1. 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.

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

10.3. IDCSA statutory damages — actual damages or $500 per uncured deceptive act (whichever is greater) under Ind. Code § 24-5-0.5-4(a).

10.4. IDCSA treble damages of up to $1,000 for willful deceptive acts, and treble damages for senior consumers, under Ind. Code § 24-5-0.5-4.

10.5. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and Ind. Code § 24-5-0.5-4(d).

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands:

• A. Judgment against Defendant(s), jointly and severally, for actual damages in an amount to be determined by a jury;
• B. FDCPA statutory damages of $1,000.00 per Plaintiff under 15 U.S.C. § 1692k(a)(2)(A);
• C. IDCSA damages of the greater of actual damages or $500 per uncured deceptive act under Ind. Code § 24-5-0.5-4(a);
• D. Treble damages under Ind. Code § 24-5-0.5-4 (capped at $1,000 for willful acts; treble for senior consumers as applicable);
• E. Equitable and injunctive relief under Ind. Code § 24-5-0.5-4(c), 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 Ind. Code § 24-5-0.5-4(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.

12. 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).

13. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Indiana Atty. No. [______]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

14. INDIANA PRACTICE NOTES

• IDCSA Notice of Cure is jurisdictional for "uncured" claims. Ind. Code § 24-5-0.5-5(a) requires written notice within the SOONER of (i) six months after initial discovery, (ii) one year after the consumer transaction, or (iii) any time limitation of not less than thirty days within an applicable warranty period. The notice must "state fully" the nature of the deceptive act and the actual damage suffered. Failure to send a conforming notice is fatal to the "uncured" theory and is a frequent ground for early dismissal. Plead the "incurable" theory in the alternative whenever intent supports it.
• Offer to cure mechanics. Within the 30-day window, the supplier may make an offer to cure that is "reasonably calculated to remedy the loss" plus the greater of (a) ten percent (10%) of the value of the remedy (capped at $4,000) or (b) $500 as compensation for attorney's fees and costs (Ind. Code § 24-5-0.5-2(a)(10)). If accepted but not timely performed, the act remains "uncured." If the offer is rejected and the court later finds it reasonable, recovery may be limited to the tendered amount.
• IDCSA damages cap. The private remedy is capped: actual damages OR $500 per uncured deceptive act, whichever is greater (Ind. Code § 24-5-0.5-4(a)). Willful-violation treble damages are capped at $1,000. The cap does NOT apply to senior-consumer treble damages or to AG enforcement actions.
• Senior consumer enhancement. A consumer 60 or older may seek treble damages on uncured or incurable deceptive acts (Ind. Code § 24-5-0.5-4(j)). Plead age in paragraph 4.4 if applicable.
• Indiana Collection Agency Act licensing. Most third-party collectors operating in Indiana must be licensed by the Indiana Secretary of State under Ind. Code § 25-11-1-3, with a $20,000 surety bond. The "incidental contact" exemption (interstate communications by a nonresident agency) is narrow. Verify status at https://inbiz.in.gov before filing; cite the licensing failure as a separate deceptive practice and as a § 1692e(5) "threat of action that cannot legally be taken" violation.
• Statutes of limitations. FDCPA: one year from violation (15 U.S.C. § 1692k(d)). IDCSA: two years from violation (Ind. Code § 24-5-0.5-5(b)). Indiana common-law fraud: six years (Ind. Code § 34-11-2-7). Calendar all three independently.
• Forum and venue. Both the Northern District of Indiana (Hammond, South Bend, Fort Wayne, Lafayette divisions) and the Southern District of Indiana (Indianapolis, Evansville, New Albany, Terre Haute divisions) hear FDCPA cases. State-court FDCPA filings are concurrent under § 1692k. Indiana state-court complaints follow Indiana Trial Rule 8 notice pleading.
• Removal risk. A defendant may remove a state-court FDCPA action under 28 U.S.C. § 1441. Anticipate removal and structure pleadings to satisfy both Indiana and federal pleading standards.
• No "loser pays" cost-shifting on the consumer. Both the FDCPA and the IDCSA contemplate one-way fee shifting in favor of prevailing consumers. Defendants generally cannot recover fees absent bad faith.

15. 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
• Ind. Code § 24-5-0.5 (Indiana Deceptive Consumer Sales Act) — https://iga.in.gov/laws/2024/ic/titles/24/#24-5-0.5
• Ind. Code § 24-5-0.5-3 (Enumerated deceptive acts) — https://law.justia.com/codes/indiana/title-24/article-5/chapter-0-5/section-24-5-0-5-3/
• Ind. Code § 24-5-0.5-4 (Damages; offer to cure; debt-collection violations) — https://law.justia.com/codes/indiana/title-24/article-5/chapter-0-5/section-24-5-0-5-4/
• Ind. Code § 24-5-0.5-5 (Limitations and pre-suit notice) — https://law.justia.com/codes/indiana/title-24/article-5/chapter-0-5/section-24-5-0-5-5/
• Ind. Code § 25-11-1 (Indiana Collection Agency Act) — https://iga.in.gov/laws/2024/ic/titles/25/#25-11-1
• Indiana Secretary of State, Business Services — https://inbiz.in.gov
• Indiana Attorney General Consumer Protection Division — https://www.in.gov/attorneygeneral/consumer-protection-division/
• 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 Indiana must review and customize this document before filing. The IDCSA Notice of Cure prerequisite under Ind. Code § 24-5-0.5-5(a) is jurisdictional for "uncured" claims and must be satisfied before filing unless the "incurable" theory is properly pleaded. Laws, citations, and court rules change frequently; verify all authorities before use.