FDCPA Violation Complaint (Federal FDCPA + Kansas Consumer Protection Act)

COMPLAINT — FDCPA + KANSAS CONSUMER PROTECTION ACT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Violations of the FDCPA
7. Count II — Violations of the KCPA (Deceptive Acts)
8. Count III — Violations of the KCPA (Unconscionable Acts)
9. Count IV — Violation of the Kansas Credit Services Organization Act (Conditional)
10. Damages
11. Prayer for Relief
12. Demand for Trial by Jury
13. Signature and Service Blocks
14. Kansas Practice Notes
15. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

DISTRICT OF KANSAS

[KANSAS CITY / TOPEKA / WICHITA] DIVISION

CIVIL ACTION FILE NO. [________________________________]

COMPLAINT FOR DAMAGES, STATUTORY PENALTIES, AND INJUNCTIVE RELIEF

(FDCPA, 15 U.S.C. § 1692 et seq.; KCPA, K.S.A. § 50-623 et seq.)

2. INTRODUCTION

2.1. This is an action for actual damages, statutory damages, civil penalties, declaratory relief, injunctive relief, and reasonable attorney fees and costs arising from Defendants' abusive, deceptive, and unconscionable practices in attempting to collect a consumer debt allegedly owed by Plaintiff.

2.2. Defendants violated the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq., and the Kansas Consumer Protection Act ("KCPA"), K.S.A. § 50-623 et seq., through the conduct described below.

2.3. The KCPA "shall be construed liberally" to protect consumers from suppliers who commit deceptive and unconscionable practices. K.S.A. § 50-623(b).

3. JURISDICTION AND VENUE

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

3.2. The Court has supplemental jurisdiction over Plaintiff's KCPA and KCSOA claims pursuant to 28 U.S.C. § 1367(a), as those claims arise from the same case or controversy as the federal FDCPA claim.

3.3. Venue is proper in the District of Kansas under 28 U.S.C. § 1391(b) because (a) Plaintiff resides in this District; (b) a substantial part of the events giving rise to the claims occurred here; and (c) Defendants transact business and direct collection activities into this District.

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 K.S.A. § 50-624(b), residing in [COUNTY] County, Kansas.

4.2. Defendant [DEBT COLLECTOR NAME] is a [STATE] [CORPORATION / LLC] 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 K.S.A. § 50-624(l). Defendant regularly collects or attempts to collect consumer debts owed or due another.

4.3. Defendant [CREDITOR / OWNER NAME] is [entity description], and at all relevant times either (a) owned the alleged debt; (b) directed, ratified, or supervised Defendant Debt Collector; or (c) is jointly and severally liable for the conduct alleged herein.

5. FACTUAL ALLEGATIONS

5.1. On or about [DATE], Plaintiff allegedly incurred a consumer obligation to [ORIGINAL CREDITOR] for [purpose — credit card, medical, auto, etc.] ("Alleged Debt").

5.2. The Alleged Debt was incurred for personal, family, or household purposes within the meaning of 15 U.S.C. § 1692a(5) and K.S.A. § 50-624(c).

5.3. On or about [DATE], the Alleged Debt was placed with, sold, or assigned to Defendant [DEBT COLLECTOR] for collection.

5.4. Beginning on or about [DATE], Defendants engaged in a course of conduct to collect the Alleged Debt. Specifically, Defendants:

• [Called Plaintiff at frequencies designed to harass — list dates, times, and counts;]
• [Communicated with Plaintiff at unusual or inconvenient times or places, e.g., before 8 a.m. or after 9 p.m. local time;]
• [Communicated with third parties (e.g., Plaintiff's employer, family, neighbors) about the Alleged Debt;]
• [Threatened lawsuits, garnishment, arrest, or criminal prosecution that Defendants could not lawfully take or did not intend to take;]
• [Misrepresented the character, amount, or legal status of the Alleged Debt;]
• [Failed to provide the validation notice required by 15 U.S.C. § 1692g(a) within five days of the initial communication;]
• [Continued collection activity after Plaintiff disputed the Alleged Debt in writing within 30 days, in violation of 15 U.S.C. § 1692g(b);]
• [Used false, deceptive, or misleading representations regarding the affiliation, license, or authority of the collector;]
• [Reported the Alleged Debt to consumer reporting agencies without disclosing it as disputed;]
• [Other: ____________________________________________________].

5.5. On [DATE], Plaintiff sent a written cease-communication and dispute letter to Defendants pursuant to 15 U.S.C. §§ 1692c(c) and 1692g(b). Defendants received the letter on [DATE] as evidenced by [certified mail return receipt / email read receipt].

5.6. Notwithstanding Plaintiff's written notice, Defendants continued the collection conduct described above on [DATE(S)].

5.7. As a direct and proximate result, Plaintiff has suffered actual damages including emotional distress, anxiety, embarrassment, lost time, out-of-pocket expenses, harm to credit and reputation, and other damages to be proven at trial.

6. COUNT I — VIOLATIONS OF THE FDCPA

6.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 5.7.

6.2. Defendant Debt Collector is a "debt collector" within 15 U.S.C. § 1692a(6); the Alleged Debt is a "debt" within 15 U.S.C. § 1692a(5); Plaintiff is a "consumer" within 15 U.S.C. § 1692a(3).

6.3. Defendants' conduct described above violated the FDCPA in at least the following respects:

• 15 U.S.C. § 1692c(a)(1) — communicating at unusual or known inconvenient times or places;
• 15 U.S.C. § 1692c(b) — communicating with third parties about the debt without consent or court order;
• 15 U.S.C. § 1692c(c) — continuing communications after written cease notice;
• 15 U.S.C. § 1692d — harassing, oppressive, or abusive conduct;
• 15 U.S.C. § 1692d(5) — repeated or continuous telephone calls intended to annoy, abuse, or harass;
• 15 U.S.C. § 1692e — false, deceptive, or misleading representations;
• 15 U.S.C. § 1692e(2) — false representation of character, amount, or legal status;
• 15 U.S.C. § 1692e(4) and (5) — threats of action that cannot legally be taken or are not intended to be taken;
• 15 U.S.C. § 1692e(8) — communicating credit information known or which should be known to be false, including failure to communicate that a disputed debt is disputed;
• 15 U.S.C. § 1692f — unfair or unconscionable means to collect;
• 15 U.S.C. § 1692g(a) — failure to provide the required validation notice;
• 15 U.S.C. § 1692g(b) — failure to cease collection activity upon written dispute.

6.4. 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 fees.

7. COUNT II — VIOLATIONS OF THE KCPA (DECEPTIVE ACTS)

7.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 6.4.

7.2. Plaintiff is a "consumer" and Defendants are "suppliers" within K.S.A. § 50-624. The Alleged Debt arose from a "consumer transaction" within K.S.A. § 50-624(c).

7.3. Defendants engaged in deceptive acts and practices in violation of K.S.A. § 50-626, including without limitation:

• Representations, knowingly or with reason to know, that property or services have characteristics, uses, or benefits they do not have (§ 50-626(b)(1)(A));
• Representations of approval, status, affiliation, or connection that Defendants do not have (§ 50-626(b)(1)(D));
• Use of exaggeration, falsehood, innuendo, or ambiguity as to a material fact (§ 50-626(b)(2));
• Willful failure to state a material fact, or willful concealment, suppression, or omission of a material fact (§ 50-626(b)(3));
• Falsely stating that services have been performed or that an obligation exists (§ 50-626(b)(8) and (9)).

7.4. Defendants' deceptive acts caused Plaintiff to suffer loss within the meaning of K.S.A. § 50-634(b).

7.5. Pursuant to K.S.A. §§ 50-634 and 50-636, Plaintiff is entitled to the greater of actual damages or a civil penalty of up to $10,000 per violation, plus reasonable attorney fees, costs, and injunctive relief.

7.6. (IF APPLICABLE) Plaintiff is a consumer 60 years of age or older / a person with a disability / an active or veteran member of the military / a military spouse, and is therefore entitled to an additional civil penalty of up to $10,000 per violation pursuant to K.S.A. § 50-677.

8. COUNT III — VIOLATIONS OF THE KCPA (UNCONSCIONABLE ACTS)

8.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 7.6.

8.2. Defendants engaged in unconscionable acts and practices in violation of K.S.A. § 50-627, including:

• Taking advantage of Plaintiff's inability to reasonably protect his/her interests because of physical infirmity, ignorance, illiteracy, inability to understand the language of the agreement, or similar factor (§ 50-627(b)(1));
• Demanding payment of an amount grossly in excess of the amount lawfully owed (§ 50-627(b)(2));
• Demanding payment when Defendants knew there was no reasonable probability of payment without further substantial injury to Plaintiff (§ 50-627(b)(3));
• Engaging in transactions excessively one-sided in favor of Defendants (§ 50-627(b)(5)).

8.3. Pursuant to K.S.A. §§ 50-634 and 50-636, Plaintiff is entitled to the greater of actual damages or a civil penalty up to $10,000 per violation, plus attorney fees, costs, and injunctive relief.

9. COUNT IV — VIOLATION OF THE KANSAS CREDIT SERVICES ORGANIZATION ACT (CONDITIONAL)

9.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 8.3.

9.2. Defendants are or were a "credit services organization" within K.S.A. § 50-1117 because they engaged in or held themselves out as engaging in the business of debt management or related services for a fee, compensation, or gain.

9.3. Defendants violated the Kansas Credit Services Organization Act, K.S.A. §§ 50-1116 to 50-1135, by:

• Operating without a license issued by the Kansas State Bank Commissioner (§ 50-1118);
• Failing to maintain the required surety bond (§ 50-1119);
• Failing to deposit consumer funds in a trust account within four calendar days of receipt (§ 50-1124);
• [Other applicable violations].

9.4. Violations of the KCSOA constitute deceptive and unconscionable acts under the KCPA, entitling Plaintiff to all KCPA remedies in addition to remedies under the KCSOA.

10. DAMAGES

10.1. Actual damages including emotional distress, anxiety, embarrassment, lost time, out-of-pocket expenses, harm to credit, lost credit opportunities, and attorney fees and costs incurred to enforce Plaintiff's rights.

10.2. FDCPA statutory damages up to $1,000 per 15 U.S.C. § 1692k(a)(2)(A).

10.3. KCPA civil penalty of up to $10,000 per violation per K.S.A. § 50-636, in lieu of actual damages where greater.

10.4. K.S.A. § 50-677 enhancement of up to $10,000 per violation if Plaintiff is a protected consumer.

10.5. Reasonable attorney fees and costs under 15 U.S.C. § 1692k(a)(3) and K.S.A. § 50-634(e).

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands:

• A. Actual damages in an amount to be proven at trial;
• B. FDCPA statutory damages of $1,000 per Plaintiff per 15 U.S.C. § 1692k;
• C. KCPA civil penalties of up to $10,000 per violation per K.S.A. § 50-636, plus the K.S.A. § 50-677 enhancement where applicable;
• D. Declaratory judgment that Defendants violated the FDCPA and KCPA;
• E. Permanent injunctive relief restraining further violations;
• F. An order requiring Defendants to delete or correct any inaccurate credit-report tradelines arising from the conduct;
• G. Pre-judgment and post-judgment interest at the maximum lawful rate;
• H. Reasonable attorney fees and costs under 15 U.S.C. § 1692k and K.S.A. § 50-634(e);
• I. Such other and further relief 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 Fed. R. Civ. P. 38(b) and the Seventh Amendment.

13. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

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

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

Certificate of Service

I hereby certify that on [DATE], the foregoing was filed using the Court's CM/ECF system, which will serve all counsel of record. A copy was also served on Defendant(s) via [METHOD] at [ADDRESS].

[________________________________]

[ATTORNEY NAME]

14. KANSAS PRACTICE NOTES

• No pre-suit demand requirement. Unlike Georgia FBPA (30-day demand) or Massachusetts Chapter 93A (30-day demand), the KCPA imposes no pre-suit demand letter requirement. Plaintiff may file suit immediately upon a deceptive or unconscionable act.
• Statute of limitations. KCPA actual-damages claims are subject to the three-year tort/statutory limitations of K.S.A. § 60-512. KCPA civil-penalty-only claims are subject to a one-year limitations period under K.S.A. § 60-514. The FDCPA imposes a one-year limitations period from the date of violation under 15 U.S.C. § 1692k(d) (subject to Rotkiske v. Klemm, 140 S. Ct. 355 (2019), which rejected a discovery rule absent equitable tolling).
• Greater-of remedy. Under K.S.A. § 50-634(b), a consumer may recover the greater of actual damages or the K.S.A. § 50-636 civil penalty — but not both. Plead alternative measures and elect after discovery.
• Class actions. K.S.A. § 50-634(d) allows class actions only for acts proscribed by statute, judgment, or consent decree — not for general deceptive-act claims. Federal-court FDCPA classes proceed under Fed. R. Civ. P. 23.
• Attorney fees. Available to prevailing consumers under both 15 U.S.C. § 1692k(a)(3) and K.S.A. § 50-634(e). KCPA fees to a prevailing supplier are available only when the consumer's action was knowingly groundless.
• Supplier definition. The KCPA's "supplier" reaches debt buyers and original creditors, not just collection agencies. This differs from the FDCPA, which generally excludes original creditors collecting in their own name.
• Wayne Owen Act overlay. If the debt collection involved misuse of personal identifying information, consider also pleading the Wayne Owen Act, K.S.A. § 50-6,139, 50-6,139a, and 50-6,139b (identity theft as an unconscionable act under KCPA).
• Forum selection. Federal court is generally preferred for FDCPA classes; state court (Kansas District Court in the county of Plaintiff's residence) is suitable for individual actions where local judicial familiarity helps.

15. SOURCES AND REFERENCES

• 15 U.S.C. § 1692 et seq. (FDCPA) — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• K.S.A. Chapter 50, Article 6 (KCPA) — https://www.ksrevisor.gov/statutes/chapters/ch50/050_006_0023.html
• K.S.A. § 50-634 (private remedies) — https://www.ksrevisor.gov/statutes/chapters/ch50/050_006_0034.html
• K.S.A. § 50-636 (civil penalties) — https://www.ksrevisor.gov/statutes/chapters/ch50/050_006_0036.html
• K.S.A. § 50-677 (enhanced penalty for protected consumers)
• K.S.A. Chapter 50, Article 11 (KCSOA) — https://www.ksrevisor.gov/statutes/chapters/ch50/050_011_0016.html
• K.S.A. § 60-512 (three-year limitations)
• Henson v. Santander Consumer USA Inc., 137 S. Ct. 1718 (2017)
• Rotkiske v. Klemm, 140 S. Ct. 355 (2019)
• Jenkins v. Heintz, 25 F.3d 536 (7th Cir. 1994), aff'd 514 U.S. 291 (1995)
• CFPB Debt Collection Rule, 12 C.F.R. Part 1006 (Regulation F)
• Kansas Office of the State Bank Commissioner — https://osbckansas.gov

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