FDCPA Violation Petition (Federal FDCPA + Louisiana LUTPA)

PETITION FOR DAMAGES — FDCPA + LOUISIANA UNFAIR TRADE PRACTICES ACT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction, Venue, and Forum
4. Parties
5. Factual Allegations
6. Attorney General Notice (LUTPA)
7. Count I — Violations of the FDCPA
8. Count II — Violations of LUTPA
9. Damages
10. Prayer for Relief
11. Demand for Trial by Jury
12. Signature and Service Blocks
13. Verification
14. Certificate of Service
15. Louisiana Practice Notes
16. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

[EASTERN / MIDDLE / WESTERN] DISTRICT OF LOUISIANA

CIVIL ACTION NO. [________________________________]

PETITION FOR DAMAGES (FDCPA + LOUISIANA LUTPA) — 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., and the Louisiana Unfair Trade Practices and Consumer Protection Law ("LUTPA"), La. R.S. § 51:1401 et seq.

2.2. Petitioner 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 law and the laws of the State of Louisiana.

2.3. Petitioner seeks actual damages, statutory damages, treble damages on knowing LUTPA violations following AG notice, equitable relief, and reasonable attorney's fees and costs.

3. JURISDICTION, VENUE, AND FORUM

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 (federal question).

3.2. The Court has supplemental jurisdiction over the LUTPA claims pursuant to 28 U.S.C. § 1367(a) because the state-law claims 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. If filed in state court, venue is proper in the [__]th Judicial District Court for the Parish of [PARISH] pursuant to La. C.C.P. arts. 42 and 74 (parish where damage was sustained or wrongful conduct occurred).

4. PARTIES

4.1. Petitioner [PETITIONER NAME] is a natural person of the full age of majority, domiciled in the Parish of [PARISH], State of Louisiana, and is a "consumer" within the meaning of 15 U.S.C. § 1692a(3).

4.2. Defendant [DEBT COLLECTOR ENTITY] is a [corporation/LLC] organized under the laws of [STATE] with its principal place of business at [ADDRESS], doing business in Louisiana, and is a "debt collector" within the meaning of 15 U.S.C. § 1692a(6) because it regularly collects debts owed or due another and/or its principal purpose is the collection of debts.

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. Each Defendant is a "person" within the meaning of La. R.S. § 51:1402(8) and engaged in "trade or commerce" within the meaning of La. R.S. § 51:1402(10).

5. FACTUAL ALLEGATIONS

5.1. The alleged debt at issue (the "Debt") is a consumer debt incurred by Petitioner 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 Petitioner 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 Petitioner's cell phone within [time period], including [number] calls after Petitioner orally requested that Defendant cease calling];
• [DESCRIBE — e.g., contacted Petitioner 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 Petitioner'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 Petitioner 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, Petitioner 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. The Collection Conduct was egregious and involved elements of fraud, misrepresentation, deception, or other unethical conduct as required for LUTPA liability under Cheramie Services, Inc. v. Shell Deepwater Production, Inc., 35 So. 3d 1053 (La. 2010), and its progeny.

5.7. Defendant(s) acted intentionally, willfully, knowingly, or with reckless disregard for Petitioner's rights under federal and Louisiana law.

6. ATTORNEY GENERAL NOTICE (LUTPA)

6.1. Pursuant to La. R.S. § 51:1409(B), undersigned counsel has mailed a copy of this Petition to the Attorney General of Louisiana on [__/__/____] at the following address:

Office of the Attorney General

Consumer Protection Section

1885 N. Third Street

Baton Rouge, LA 70802

6.2. Petitioner reserves the right to provide further notice to the Attorney General upon entry of judgment as required by La. R.S. § 51:1409(B).

7. COUNT I — VIOLATIONS OF THE FDCPA (15 U.S.C. § 1692 et seq.)

7.1. Petitioner realleges and incorporates Paragraphs 2.1 through 5.7.

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, Petitioner is entitled to actual damages, statutory damages of up to $1,000 in this individual action, and reasonable attorney's fees and costs.

8. COUNT II — VIOLATIONS OF THE LOUISIANA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW (La. R.S. § 51:1401 et seq.)

8.1. Petitioner realleges and incorporates Paragraphs 2.1 through 6.2.

8.2. The Collection Conduct constitutes "unfair or deceptive acts or practices in the conduct of any trade or commerce" prohibited by La. R.S. § 51:1405(A).

8.3. Petitioner is a "person" within the meaning of La. R.S. § 51:1402(8) who has suffered an "ascertainable loss of money or movable property, corporeal or incorporeal" as a result of Defendant(s)' use of unlawful trade practices, and Petitioner has standing to bring this private action under La. R.S. § 51:1409(A) and Cheramie Services, Inc. v. Shell Deepwater Production, Inc., 35 So. 3d 1053 (La. 2010).

8.4. The Collection Conduct involves elements of fraud, misrepresentation, deception, and unethical conduct sufficient to trigger LUTPA liability.

8.5. The Collection Conduct was knowingly used by Defendant(s) within the meaning of La. R.S. § 51:1409(A). On information and belief, Defendant(s) had been put on notice by the Louisiana Attorney General — through prior public enforcement actions, prior cease-and-desist correspondence, prior consumer complaints transmitted to Defendant(s) via the AG's Consumer Protection Section, and/or generally applicable AG rules and advisories — that the Collection Conduct described herein constitutes an unlawful trade practice.

8.6. Pursuant to La. R.S. § 51:1409(A), Petitioner is entitled to recover actual damages, three times the actual damages sustained by reason of Defendant(s)' knowing use of the unlawful practice after AG notice, reasonable attorney's fees, and costs.

9. DAMAGES

9.1. 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.

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

9.3. Treble damages under La. R.S. § 51:1409(A) on the LUTPA claim for knowing use after AG notice.

9.4. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and La. R.S. § 51:1409(A).

9.5. Equitable relief including an order enjoining Defendant(s) from further violations.

10. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that:

• A. Defendant(s) be served with this Petition and cited to appear and answer the same;
• B. After all due proceedings, judgment be entered in favor of Petitioner and against Defendant(s), jointly, severally, and in solido, for actual damages in an amount to be determined by a jury;
• C. Statutory damages of $1,000.00 per Petitioner under 15 U.S.C. § 1692k(a)(2)(A);
• D. Treble damages under La. R.S. § 51:1409(A);
• E. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and La. R.S. § 51:1409(A);
• F. Equitable and injunctive relief as may be authorized by law;
• G. Pre-judgment and post-judgment interest as allowed by law;
• H. All costs of these proceedings;
• I. Such other and further relief, general or equitable, as the Court deems just and proper.

11. DEMAND FOR TRIAL BY JURY

Petitioner 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) and, in the alternative for state-court filing, La. C.C.P. art. 1731 et seq.

12. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Louisiana Bar Roll No. [######]

Counsel for Petitioner

[STREET ADDRESS]

[CITY, LA ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. VERIFICATION

STATE OF LOUISIANA

PARISH OF [______________]

I, [PETITIONER NAME], after being duly sworn, depose and state that I am the Petitioner in the foregoing action; that I have read the foregoing Petition; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]

[PETITIONER NAME]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public, Louisiana Bar / Notary Roll No. [______]

(My Commission is for life or expires: [_______________])

14. CERTIFICATE OF SERVICE

I hereby certify that on this the [____] day of [_______________], 20[____], I filed the foregoing Petition through the Court's CM/ECF system, which will provide electronic notice to all counsel of record, and served Defendant(s) via the procedures of Federal Rule of Civil Procedure 4 (or, in state court, La. C.C.P. arts. 1231 et seq.). I further certify that, pursuant to La. R.S. § 51:1409(B), I have mailed a copy of this Petition to the Louisiana Attorney General, Consumer Protection Section, 1885 N. Third Street, Baton Rouge, LA 70802.

[________________________________]

[ATTORNEY NAME]

15. LOUISIANA PRACTICE NOTES

• Civil-law pleading. Louisiana follows fact pleading under La. C.C.P. art. 891. The petition must "contain a short, clear, and concise statement of all causes of action arising out of, and of the material facts of, the transaction or occurrence." Louisiana courts do not apply Rule 8 notice-pleading standards — provide more factual specificity than would be required in a federal-question complaint.
• Prescription, not limitations. LUTPA prescribes one year from the act giving rise to the claim (La. R.S. § 51:1409(E)). Older Louisiana cases held this period was peremptive (i.e., not subject to interruption); the Louisiana Supreme Court in Miller v. Conagra, Inc., 991 So. 2d 445 (La. 2008), held that the LUTPA period is liberative prescription and may be interrupted or suspended. Calendar conservatively.
• Treble damages — narrow trigger. La. R.S. § 51:1409(A) authorizes treble damages only when the practice was "knowingly used, after being put on notice by the attorney general." Many trial courts read the AG-notice requirement strictly. To preserve trebling, plead any AG cease-and-desist letter, public enforcement action, or rule applicable to Defendant(s)' conduct, and obtain in discovery any AG correspondence directed to Defendant(s) or to its industry. Failing strict trebling, attorney's fees and actual damages remain available.
• No representative actions. La. R.S. § 51:1409(A) authorizes private LUTPA actions "individually but not in a representative capacity." Class actions and private attorney general representative claims are barred. Joinder of multiple individual plaintiffs is permitted under La. C.C.P. art. 463.
• Attorney General notice of petition. § 51:1409(B) requires that the plaintiff's attorney mail a copy of the petition to the AG. Failure does not affect plaintiff's rights, but the practice is universal in Louisiana consumer litigation.
• Standing — "any person." Cheramie Services confirmed that LUTPA's private right of action extends to any person who suffers ascertainable loss, not merely consumers and competitors. The Louisiana Legislature subsequently codified that broad reading.
• Egregious-conduct standard. Louisiana courts confine LUTPA liability to conduct that is "egregious" and involves "elements of fraud, misrepresentation, deception, or other unethical conduct." Plead facts demonstrating intentional or grossly indifferent misconduct, not mere breach of contract.
• Solidary liability. Defendants who concur in causing a single LUTPA injury are liable in solido (La. C.C. art. 2324). Plead and pray for solidary liability where multiple debt-collector entities or individuals participated in the conduct.
• FDCPA prescription. The FDCPA carries a one-year limitations period from the violation under 15 U.S.C. § 1692k(d). Older "discrete violations" may be excluded — confirm earliest actionable violation against the filing date.
• Concurrent jurisdiction. FDCPA claims may be filed in U.S. District Court (E.D., M.D., or W.D. La.) or in Louisiana district court of the parish. Filing in federal court is typical given federal-question and supplemental jurisdiction; if filed in state court, expect removal under 28 U.S.C. § 1441.
• Louisiana Office of Financial Institutions (OFI). Louisiana licenses certain debt collectors and consumer-credit lenders through the Office of Financial Institutions. Confirm licensure status of Defendant(s) early; unlicensed collection activity is itself an LUTPA violation.
• Solidary obligor defenses. Be prepared for arbitration motions; many consumer-finance contracts contain Federal Arbitration Act-governed arbitration clauses.

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 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
• La. R.S. § 51:1401 et seq. (LUTPA) — https://legis.la.gov/legis/Law.aspx?d=104033
• La. R.S. § 51:1405 (Unlawful methods, acts, and practices)
• La. R.S. § 51:1407 (AG injunctive authority)
• La. R.S. § 51:1409 (Private right of action) — https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-51-sect-1409/
• La. C.C.P. art. 891 (Form of petition)
• Cheramie Services, Inc. v. Shell Deepwater Production, Inc., 35 So. 3d 1053 (La. 2010)
• Miller v. Conagra, Inc., 991 So. 2d 445 (La. 2008) (liberative prescription)
• Louisiana AG Consumer Protection Section — https://www.ag.louisiana.gov/Page/ConsumerDispute/
• 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 Louisiana must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.