FDCPA Violation Complaint (with KCPA Counts) — Kentucky

FDCPA VIOLATION COMPLAINT (WITH KCPA COUNTS) — KENTUCKY

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — FDCPA, 15 U.S.C. § 1692d (Harassment or Abuse)
7. Count II — FDCPA, 15 U.S.C. § 1692e (False or Misleading Representations)
8. Count III — FDCPA, 15 U.S.C. § 1692f (Unfair Practices)
9. Count IV — FDCPA, 15 U.S.C. § 1692g (Failure to Validate)
10. Count V — Kentucky Consumer Protection Act, KRS § 367.170 / § 367.220
11. Damages
12. Prayer for Relief
13. Demand for Trial by Jury
14. Signature and Service Blocks
15. Kentucky Practice Notes
16. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

[EASTERN / WESTERN] DISTRICT OF KENTUCKY

[FRANKFORT / LOUISVILLE / LEXINGTON / COVINGTON / ASHLAND / OWENSBORO / BOWLING GREEN / PADUCAH / PIKEVILLE / LONDON] DIVISION

CIVIL ACTION NO. [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

2. INTRODUCTION

2.1. This is an action brought by Plaintiff [PLAINTIFF NAME], an individual consumer, against Defendant [DEBT COLLECTOR] for violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA"), and the Kentucky Consumer Protection Act, KRS § 367.110 et seq. ("KCPA").

2.2. Congress enacted the FDCPA to "eliminate abusive debt collection practices by debt collectors" and to ensure "those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged." 15 U.S.C. § 1692(e).

2.3. Plaintiff seeks actual and statutory damages, declaratory and injunctive relief, costs, and reasonable attorney's fees.

3. JURISDICTION AND VENUE

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

3.2. The Court has supplemental jurisdiction over Plaintiff's KCPA claim pursuant to 28 U.S.C. § 1367 because the state-law claim arises from the same case or controversy as the FDCPA claim.

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 claim occurred in [COUNTY], Kentucky, and/or because Defendant transacts business in this District.

4. PARTIES

4.1. Plaintiff [PLAINTIFF NAME] is a natural person who resides in [COUNTY] County, Kentucky, and is a "consumer" as defined by 15 U.S.C. § 1692a(3).

4.2. Defendant [DEBT COLLECTOR] is a [corporation / LLC / partnership] organized under the laws of [STATE], with its principal place of business at [ADDRESS]. Defendant regularly collects, or attempts to collect, debts owed or due, or asserted to be owed or due, another, and is a "debt collector" as defined by 15 U.S.C. § 1692a(6).

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

5. FACTUAL ALLEGATIONS

5.1. On or about [DATE], Defendant first contacted Plaintiff regarding the Debt by [telephone / mail / email / text].

5.2. [Describe each contact: date, time, channel, content. Quote offending language verbatim where possible.]

5.3. On [DATE], Defendant [describe specific abusive, false, or unfair conduct — e.g., called before 8:00 a.m./after 9:00 p.m., contacted Plaintiff at work after being told the employer prohibits such calls, threatened arrest or wage garnishment Defendant could not lawfully take, misrepresented the amount of the debt, contacted third parties, communicated after Plaintiff's written cease-and-desist, etc.].

5.4. On [DATE], Plaintiff sent Defendant a written debt-validation request pursuant to 15 U.S.C. § 1692g(b) within thirty (30) days of receipt of the initial communication. [Attach as Exhibit A.]

5.5. Despite Plaintiff's timely written dispute, Defendant [continued collection without first mailing verification / communicated credit information without noting the dispute].

5.6. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered [anxiety, sleeplessness, embarrassment, lost wages, attorney's fees incurred, and out-of-pocket expenses].

6. COUNT I — FDCPA, 15 U.S.C. § 1692d (Harassment or Abuse)

6.1. Plaintiff incorporates Paragraphs 2.1 through 5.6.

6.2. Defendant violated 15 U.S.C. § 1692d by engaging in conduct the natural consequence of which was to harass, oppress, or abuse Plaintiff in connection with the collection of the Debt, including without limitation [repeated calls intended to annoy / use of obscene or profane language / contacts at unusual times].

6.3. Plaintiff seeks actual damages, such additional damages as the court may allow, not exceeding $1,000 in this individual action, costs, and reasonable attorney's fees pursuant to 15 U.S.C. § 1692k.

7. COUNT II — FDCPA, 15 U.S.C. § 1692e (False or Misleading Representations)

7.1. Plaintiff incorporates Paragraphs 2.1 through 5.6.

7.2. Defendant violated 15 U.S.C. § 1692e by making false, deceptive, or misleading representations in connection with the collection of the Debt, including without limitation:

• § 1692e(2)(A) — falsely representing the character, amount, or legal status of the Debt;
• § 1692e(5) — threatening to take action that cannot legally be taken or that was not intended to be taken;
• § 1692e(8) — communicating credit information known or which should be known to be false, including failure to communicate that the Debt is disputed;
• § 1692e(10) — using false representations or deceptive means to collect a debt or obtain information about a consumer;
• § 1692e(11) — failing to disclose in the initial written communication that the communication is from a debt collector.

7.3. Plaintiff seeks actual damages, such additional damages as the court may allow, not exceeding $1,000 in this individual action, costs, and reasonable attorney's fees pursuant to 15 U.S.C. § 1692k.

8. COUNT III — FDCPA, 15 U.S.C. § 1692f (Unfair Practices)

8.1. Plaintiff incorporates Paragraphs 2.1 through 5.6.

8.2. Defendant violated 15 U.S.C. § 1692f by using unfair or unconscionable means to collect or attempt to collect the Debt, including without limitation collection of an amount not authorized by the agreement creating the Debt or permitted by law (§ 1692f(1)).

8.3. Plaintiff seeks actual damages, such additional damages as the court may allow, not exceeding $1,000 in this individual action, costs, and reasonable attorney's fees pursuant to 15 U.S.C. § 1692k.

9. COUNT IV — FDCPA, 15 U.S.C. § 1692g (Failure to Validate)

9.1. Plaintiff incorporates Paragraphs 2.1 through 5.6.

9.2. Defendant violated 15 U.S.C. § 1692g by [failing to send the required initial written validation notice within five days / failing to cease collection upon receipt of Plaintiff's timely written dispute / failing to mail verification of the Debt before resuming collection].

9.3. Plaintiff seeks actual damages, such additional damages as the court may allow, not exceeding $1,000 in this individual action, costs, and reasonable attorney's fees pursuant to 15 U.S.C. § 1692k.

10. COUNT V — KENTUCKY CONSUMER PROTECTION ACT, KRS § 367.170 / § 367.220

10.1. Plaintiff incorporates Paragraphs 2.1 through 5.6.

10.2. Plaintiff purchased goods or services from Defendant (or its predecessor-in-interest in privity with Defendant) primarily for personal, family, or household purposes within the meaning of KRS § 367.220(1).

10.3. Defendant's conduct described herein constitutes "unfair, false, misleading, or deceptive acts or practices in the conduct of any trade or commerce" in violation of KRS § 367.170(1).

10.4. As a direct and proximate result, Plaintiff has suffered an ascertainable loss of money or property within the meaning of KRS § 367.220(1).

10.5. Pursuant to KRS § 367.220, Plaintiff seeks actual damages, equitable relief, punitive damages where Defendant's conduct was willful, malicious, or reckless, and reasonable attorney's fees and costs.

11. DAMAGES

11.1. Actual damages including but not limited to emotional distress, lost wages, out-of-pocket costs, and harm to credit reputation.

11.2. FDCPA additional damages. Such additional damages as the court may allow, not exceeding $1,000 in this individual action, under 15 U.S.C. § 1692k(a)(2)(A).

11.3. Punitive damages under KRS § 367.220 (if Count V is pleaded).

11.4. Attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and KRS § 367.220(3).

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant for:

• A. Actual damages in an amount to be proven at trial;
  Such additional damages as the court may allow, not exceeding $1,000 in this individual action, under 15 U.S.C. § 1692k(a)(2)(A);

• C. Punitive damages under KRS § 367.220 (if Count V applies);

• D. Declaratory judgment that Defendant's practices violated the FDCPA and KCPA;
• E. Injunctive relief enjoining further violations;
• F. Reasonable attorney's fees and costs;
• G. Pre-judgment and post-judgment interest;
• H. Such other and further relief as the Court deems just and proper.

13. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all issues so triable as a matter of right pursuant to Fed. R. Civ. P. 38.

14. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

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

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, KY ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

15. KENTUCKY PRACTICE NOTES

• KCPA "purchase" nexus. Under Skilcraft Sheetmetal, Inc. v. Kentucky Mach., Inc., 836 S.W.2d 907 (Ky. Ct. App. 1992), a private KCPA plaintiff must have purchased or leased goods or services from the defendant or a privy of the defendant. Pure third-party debt collectors who never sold anything to the consumer are typically not proper KCPA defendants. Reserve Count V for cases involving the original creditor / seller or its assignee, or plead alternative state-law theories.
• No state debt-collection statute. Kentucky has no analog to the federal FDCPA at the state level. Consumer remedies for debt-collection abuse are the FDCPA and the KCPA (where privity exists).
• Statute of limitations. FDCPA: one year from violation, 15 U.S.C. § 1692k(d). KCPA: two years from violation or one year after enforcement-action conclusion, whichever is later, KRS § 367.220(5). Some KCPA claims are subject to a five-year residual limitation under KRS § 413.120(2); confirm before filing.
• Forum. FDCPA claims may be filed in state or federal court. Federal court is typical because supplemental jurisdiction reaches KCPA claims and federal judges are familiar with FDCPA jurisprudence.
• Sixth Circuit precedent. Kentucky federal courts apply Sixth Circuit FDCPA case law, which uses the "least sophisticated consumer" standard. See Currier v. First Resolution Inv. Corp., 762 F.3d 529 (6th Cir. 2014).
• Bona fide error defense. 15 U.S.C. § 1692k(c) creates an affirmative defense the defendant must plead and prove; not a pleading-stage barrier.
• Punitive damages cap. KRS § 411.184 / § 411.186 govern punitive-damage standards generally. KCPA does not impose a separate cap, but Kentucky's general cap and substantive-due-process principles apply.
• CFPB / Kentucky AG filings. Filing administrative complaints with the CFPB and Kentucky Office of the Attorney General Consumer Protection Division (1024 Capital Center Dr., Frankfort, KY 40601; (888) 432-9257) preserves regulatory remedies and creates contemporaneous records useful at trial.

16. 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) — https://www.law.cornell.edu/uscode/text/15/1692g
• KRS Chapter 367 (Consumer Protection) — https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39092
• KRS § 367.170 (Unlawful acts) — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34914
• KRS § 367.220 (Private right of action) — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34922
• Skilcraft Sheetmetal, Inc. v. Kentucky Mach., Inc., 836 S.W.2d 907 (Ky. Ct. App. 1992) — https://law.justia.com/cases/kentucky/court-of-appeals/1992/91-ca-862-mr-1.html
• Kentucky AG Office of Consumer Protection — https://www.ag.ky.gov/about/Office-Divisions/OCP/Pages/default.aspx
• CFPB Complaint Portal — https://www.consumerfinance.gov/complaint/
• U.S. District Court, E.D. Ky. — https://www.kyed.uscourts.gov/
• U.S. District Court, W.D. Ky. — https://www.kywd.uscourts.gov/

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