FDCPA Violation Complaint - Maryland

COMPLAINT FOR VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT, THE MARYLAND CONSUMER DEBT COLLECTION ACT, AND THE MARYLAND CONSUMER PROTECTION ACT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties, Jurisdiction, and Venue
4. Factual Allegations
5. Count I — Violations of the FDCPA, 15 U.S.C. § 1692 et seq.
6. Count II — Violations of the Maryland Consumer Debt Collection Act, Md. Code Ann., Com. Law § 14-201 et seq.
7. Count III — Violations of the Maryland Consumer Protection Act, Md. Code Ann., Com. Law § 13-101 et seq.
8. Damages
9. Prayer for Relief
10. Demand for Trial by Jury
11. Signature and Service Blocks
12. Certificate of Service
13. Maryland Practice Notes
14. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

[NORTHERN / SOUTHERN] DIVISION

CIVIL ACTION NO. [________________________________]

COMPLAINT — FDCPA, MCDCA, AND MCPA

JURY TRIAL DEMANDED

2. INTRODUCTION

1. This action arises under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq.; the Maryland Consumer Debt Collection Act ("MCDCA"), Md. Code Ann., Com. Law § 14-201 et seq.; and the Maryland Consumer Protection Act ("MCPA"), Md. Code Ann., Com. Law § 13-101 et seq.

2. Congress enacted the FDCPA to "eliminate abusive debt collection practices by debt collectors." 15 U.S.C. § 1692(e). The Maryland General Assembly enacted the MCDCA and MCPA to protect Maryland consumers from "unfair, abusive, and deceptive" practices in the marketplace and in debt collection. Md. Code Ann., Com. Law § 13-102.

3. Defendant violated these statutes by engaging in unfair, deceptive, harassing, and abusive practices in connection with the attempted collection of a consumer debt allegedly owed by Plaintiff, as set forth in detail below.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is a natural person and "consumer" within the meaning of 15 U.S.C. § 1692a(3) and Md. Code Ann., Com. Law § 13-101(c) and § 14-201(c), residing at [ADDRESS], [COUNTY] County, Maryland.

3.2. Defendant [DEBT COLLECTOR NAME] ("Defendant Collector") is a [STATE] [ENTITY TYPE] with its principal place of business at [ADDRESS], regularly engaged in the business of collecting consumer debts in Maryland, and is a "debt collector" within the meaning of 15 U.S.C. § 1692a(6) and a "collector" within the meaning of Md. Code Ann., Com. Law § 14-201(b).

3.3. Defendant Collector is also a "merchant" within the meaning of Md. Code Ann., Com. Law § 13-101(g) because it offers and supplies debt-collection services to consumers in Maryland.

3.4. Upon information and belief, Defendant Collector ☐ is ☐ is not licensed as a collection agency under the Maryland Collection Agency Licensing Act, Md. Code Ann., Bus. Reg. § 7-301. License No.: [________________________________].

3.5. [Optional] Defendant [ORIGINAL CREDITOR / ASSIGNEE NAME] ("Defendant Creditor") is a [STATE] [ENTITY TYPE] that [describe role — original creditor, assignee, debt buyer, etc.]. Defendant Creditor is liable under the MCDCA, which reaches both creditors and third-party collectors. Md. Code Ann., Com. Law § 14-201(b); see Andrews & Lawrence Prof'l Servs., LLC v. Mills, 467 Md. 126 (2020).

3.6. Subject-matter jurisdiction in U.S. District Court is proper under 28 U.S.C. § 1331 (FDCPA federal question) and 15 U.S.C. § 1692k(d). Supplemental jurisdiction over the MCDCA and MCPA claims is proper under 28 U.S.C. § 1367(a). Alternatively, the Maryland Circuit Court has subject-matter jurisdiction under Md. Code Ann., Cts. & Jud. Proc. § 1-501 and § 4-402, with concurrent jurisdiction over FDCPA claims under 15 U.S.C. § 1692k(d).

3.7. Venue is proper in this District because the conduct giving rise to the claims occurred in Maryland, Plaintiff resides in this District, and Defendant transacts business in this District. 28 U.S.C. § 1391(b)(1)-(2); Md. Code Ann., Cts. & Jud. Proc. § 6-201.

3.8. Personal jurisdiction is proper under Maryland's long-arm statute, Md. Code Ann., Cts. & Jud. Proc. § 6-103, because Defendant transacts business in Maryland and caused tortious injury within Maryland by acts performed within (or directed at) Maryland.

4. FACTUAL ALLEGATIONS

4.1. The alleged debt that is the subject of this action (the "Debt") is a "consumer debt" as defined by 15 U.S.C. § 1692a(5) and Md. Code Ann., Com. Law § 14-201(c), arising out of a transaction in which the money, property, or services that were the subject of the transaction were primarily for personal, family, or household purposes.

4.2. Plaintiff allegedly incurred the Debt with [ORIGINAL CREDITOR] on or about [__/__/____] for [GOODS / SERVICES].

4.3. On or about [__/__/____], the Debt was placed with, transferred to, sold to, or assigned to Defendant Collector for collection.

4.4. On [DATES], Defendant communicated with Plaintiff in connection with the collection of the Debt by [telephone calls / letters / text messages / emails] (the "Communications"). True and correct copies (or transcriptions) of the Communications are attached as Exhibit A.

4.5. The Communications contained one or more of the following violations:

• ☐ False, deceptive, or misleading representations regarding the [character / amount / legal status] of the Debt (e.g., misstating the balance, claiming amounts not authorized by contract or law, threatening litigation that Defendant did not intend to pursue, falsely representing that nonpayment would result in arrest or wage garnishment);
• ☐ Failure to provide the validation notice required by 15 U.S.C. § 1692g(a) within five (5) days of the initial communication;
• ☐ Continued collection activity after Plaintiff's timely written dispute and request for verification, before verification was provided (15 U.S.C. § 1692g(b));
• ☐ Communicating with Plaintiff at unusual or inconvenient times (before 8:00 a.m. or after 9:00 p.m. local time) (15 U.S.C. § 1692c(a)(1));
• ☐ Communicating directly with Plaintiff after Defendant knew Plaintiff was represented by counsel (15 U.S.C. § 1692c(a)(2));
• ☐ Communicating at Plaintiff's place of employment after Defendant knew or had reason to know that the employer prohibited such communications (15 U.S.C. § 1692c(a)(3));
• ☐ Disclosing the Debt to third parties (family, neighbors, employer) in violation of 15 U.S.C. § 1692c(b) and Md. Code Ann., Com. Law § 14-202(3);
• ☐ Causing the telephone to ring repeatedly or continuously, with intent to annoy, abuse, or harass (15 U.S.C. § 1692d(5));
• ☐ Use of obscene, profane, or abusive language (15 U.S.C. § 1692d(2); Md. Code Ann., Com. Law § 14-202(1));
• ☐ Threats of force, violence, or criminal prosecution where no crime has occurred (15 U.S.C. § 1692e(4); Md. Code Ann., Com. Law § 14-202(1)-(2));
• ☐ Disclosure or threatened disclosure of credit information known to be false (Md. Code Ann., Com. Law § 14-202(4));
• ☐ Failure to disclose in subsequent communications that the communication was from a debt collector (15 U.S.C. § 1692e(11));
• ☐ Attempting to enforce a right with knowledge that the right does not exist (Md. Code Ann., Com. Law § 14-202(8)); attempting to collect amounts not expressly authorized by the agreement creating the Debt or permitted by law (15 U.S.C. § 1692f(1));
• ☐ Collection activity by an unlicensed debt collector in violation of the Maryland Collection Agency Licensing Act, Md. Code Ann., Bus. Reg. § 7-301; see Finch v. LVNV Funding LLC, 212 Md. App. 748 (2013);
• ☐ Filing or threatening to file suit on a time-barred debt;
• ☐ Other: [________________________________].

4.6. [Add detailed factual narrative of each Communication, including date, time, mode of contact, identity of caller/sender, exact statements made or quoted, recipient (Plaintiff or third party), and harm caused.]

4.7. As a result of Defendant's conduct, Plaintiff has suffered [emotional distress / anxiety / loss of sleep / embarrassment / out-of-pocket expense / damage to reputation / lost wages / impaired credit], recoverable under Md. Code Ann., Com. Law § 14-203 (which expressly authorizes damages for "emotional distress or mental anguish suffered with or without accompanying physical injury").

5. COUNT I — VIOLATIONS OF THE FDCPA, 15 U.S.C. § 1692 ET SEQ.

5.1. Plaintiff realleges and incorporates Paragraphs 1 through 4.7.

5.2. Defendant Collector is a "debt collector" within the meaning of 15 U.S.C. § 1692a(6).

5.3. Defendant Collector violated the FDCPA, including without limitation the following provisions:

• 15 U.S.C. § 1692c (communications in connection with debt collection);
• 15 U.S.C. § 1692d (harassment or abuse);
• 15 U.S.C. § 1692e (false or misleading representations);
• 15 U.S.C. § 1692f (unfair practices);
• 15 U.S.C. § 1692g (validation of debts).

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

6. COUNT II — VIOLATIONS OF THE MARYLAND CONSUMER DEBT COLLECTION ACT, MD. CODE ANN., COM. LAW § 14-201 ET SEQ.

6.1. Plaintiff realleges and incorporates Paragraphs 1 through 5.4.

6.2. Defendant is a "collector" within the meaning of Md. Code Ann., Com. Law § 14-201(b), and the Debt is a "consumer transaction" within the meaning of § 14-201(c). The MCDCA reaches both original creditors and third-party debt collectors.

6.3. Defendant violated the MCDCA, Md. Code Ann., Com. Law § 14-202, by engaging in one or more of the following prohibited acts in collecting or attempting to collect the Debt:

• § 14-202(1) — Use or threats of force or violence;
• § 14-202(2) — Threatening criminal prosecution where no crime has occurred or is being committed;
• § 14-202(3) — Communicating with the debtor's employer regarding a delinquent indebtedness before final judgment, except as permitted by law;
• § 14-202(4) — Disclosing or threatening to disclose information that affects the debtor's reputation for credit worthiness with knowledge that the information is false;
• § 14-202(5) — Disclosing or threatening to disclose information about the debt to third parties without a legitimate business need;
• § 14-202(6) — Communicating with the debtor or other persons with such frequency or at such unusual hours or in any other manner as is reasonably expected to abuse or harass the debtor;
• § 14-202(7) — Using obscene or grossly abusive language;
• § 14-202(8) — Claiming, attempting, or threatening to enforce a right with knowledge that the right does not exist (including collection without a license, in time-barred actions, or in amounts not contractually or statutorily authorized);
• § 14-202(9) — Using a communication that simulates legal or judicial process or that gives the appearance of being authorized, issued, or approved by a government agency or attorney; and
• § 14-202(11) — Engaging in any conduct that violates §§ 804 through 812 of the federal FDCPA (15 U.S.C. §§ 1692b-1692j).

6.4. Pursuant to Md. Code Ann., Com. Law § 14-203, Defendant is liable for damages proximately caused by the violation, including damages for emotional distress or mental anguish suffered with or without accompanying physical injury.

7. COUNT III — VIOLATIONS OF THE MARYLAND CONSUMER PROTECTION ACT, MD. CODE ANN., COM. LAW § 13-101 ET SEQ.

7.1. Plaintiff realleges and incorporates Paragraphs 1 through 6.4.

7.2. Plaintiff is a "consumer" and Defendant is a "merchant" within the meaning of Md. Code Ann., Com. Law § 13-101(c), (g).

7.3. By statute, "any violation" of the MCDCA is per se "an unfair, abusive, or deceptive trade practice" under the MCPA. Md. Code Ann., Com. Law § 13-301(14)(iii).

7.4. Defendant's conduct also constitutes one or more independent "unfair, abusive, or deceptive trade practices" under Md. Code Ann., Com. Law § 13-301, including without limitation:

• § 13-301(1) — False, falsely disparaging, or misleading oral or written statements that have the capacity, tendency, or effect of deceiving or misleading consumers;
• § 13-301(2)(i)-(iv) — Representing that consumer goods, realty, or services have a sponsorship, approval, accessory, characteristic, ingredient, use, benefit, or quantity which they do not have, or that a merchant has a sponsorship, approval, status, affiliation, or connection which it does not have;
• § 13-301(3) — Failure to state a material fact if the failure deceives or tends to deceive;
• § 13-301(9)(i) — Deception, fraud, false pretense, false premise, misrepresentation, or knowing concealment, suppression, or omission of any material fact with the intent that a consumer rely on it; and
• § 13-301(14)(iii) — A violation of any provision of Title 14, Subtitle 2 of the Commercial Law Article (the MCDCA).

7.5. Defendant violated Md. Code Ann., Com. Law § 13-303 by engaging in unfair, abusive, or deceptive trade practices in the offer for sale, sale, or attempted collection following the sale of consumer goods, realty, or services.

7.6. Pursuant to Md. Code Ann., Com. Law § 13-408(a)-(b), Plaintiff is entitled to recover:

• (A) Actual damages sustained as a result of the violation;
• (B) Reasonable attorney's fees; and
• (C) Costs of the action.

8. DAMAGES

8.1. Actual damages, including emotional distress, anxiety, sleeplessness, embarrassment, lost wages, out-of-pocket expense, and damage to credit and reputation, in an amount to be proven at trial.

8.2. Statutory damages under 15 U.S.C. § 1692k(a)(2)(A) (up to $1,000 per consumer per FDCPA action).

8.3. Damages for emotional distress or mental anguish under Md. Code Ann., Com. Law § 14-203, expressly recoverable with or without accompanying physical injury.

8.4. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and Md. Code Ann., Com. Law § 13-408(b).

8.5. Punitive damages to the extent supported by evidence of actual malice or reckless disregard, in accordance with Maryland common law standards. See Owens-Illinois, Inc. v. Zenobia, 325 Md. 420 (1992).

9. 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;
• B. Statutory damages of $1,000 under 15 U.S.C. § 1692k(a)(2)(A);
• C. Damages for emotional distress and mental anguish under Md. Code Ann., Com. Law § 14-203;
• D. Punitive damages where supported by clear and convincing evidence;
• E. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and Md. Code Ann., Com. Law § 13-408(b);
• F. Pre-judgment and post-judgment interest as allowed by law; and
• G. Such other and further relief as the Court deems just and proper.

10. DEMAND FOR TRIAL BY JURY

Plaintiff demands trial by jury on all issues so triable as a matter of right pursuant to Fed. R. Civ. P. 38 (or Md. Rule 2-325 if filed in Circuit Court).

11. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Maryland AIS No. [________]

(U.S. District Court for the District of Maryland Bar No.: [________])

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. CERTIFICATE OF SERVICE

I hereby certify that on this [____] day of [_______________], 20[____], I served the foregoing COMPLAINT upon Defendant [via the Court's CM/ECF system / by certified mail, return receipt requested / by personal service through a private process server / by service on Defendant's resident agent through the Maryland State Department of Assessments and Taxation per Md. Rule 2-124] at the following address:

[DEFENDANT NAME AND SERVICE ADDRESS]

[________________________________]

[ATTORNEY NAME]

13. MARYLAND PRACTICE NOTES

• MCDCA reaches creditors AND collectors. Unlike the FDCPA, which generally applies only to third-party debt collectors, the MCDCA applies to "any person collecting or attempting to collect an alleged debt arising out of a consumer transaction." Md. Code Ann., Com. Law § 14-201(b). Original creditors, debt buyers, mortgage servicers, and assignees are all covered. Andrews & Lawrence Prof'l Servs., LLC v. Mills, 467 Md. 126 (2020).
• § 14-202(8) "knowledge" element. The most-litigated MCDCA provision. Plaintiff must allege that the collector claimed, attempted, or threatened to enforce a right with knowledge (actual or imputed) that the right did not exist. Reckless disregard satisfies the knowledge element under recent case law. Plead the basis for knowledge specifically.
• MCPA per se violation. A violation of the MCDCA is automatically an MCPA violation under § 13-301(14)(iii), opening the door to MCPA attorney's fees and adding an independent statutory hook.
• Actual injury required for MCPA private suit. CitaraManis v. Hallowell, 328 Md. 142 (1992) requires actual injury and actual damages to recover under § 13-408. Plead specific out-of-pocket losses, emotional-distress harm, lost wages, and credit harm. Mere statutory violation without actual loss does not suffice for the private right of action (though it does support AG enforcement under § 13-405).
• Emotional-distress damages without physical injury. § 14-203 expressly authorizes MCDCA damages for emotional distress or mental anguish "with or without accompanying physical injury" — a more plaintiff-friendly standard than common-law emotional-distress claims.
• Licensing. Maryland requires most third-party debt collectors and debt buyers to hold a Collection Agency License from the Office of the Commissioner of Financial Regulation. Md. Code Ann., Bus. Reg. § 7-301. Suit by an unlicensed collector is a § 14-202(8) violation per Finch v. LVNV Funding LLC, 212 Md. App. 748 (2013).
• Statute of limitations. FDCPA: ONE (1) year (15 U.S.C. § 1692k(d)). MCDCA and MCPA private actions: THREE (3) years (Md. Code Ann., Cts. & Jud. Proc. § 5-101). Continuing violations may extend accrual.
• Forum and amount in controversy. The District Court of Maryland has exclusive jurisdiction over civil cases up to $5,000 and concurrent jurisdiction up to $30,000 (Md. Code Ann., Cts. & Jud. Proc. § 4-401). Circuit Court has exclusive jurisdiction over amounts above $30,000. Federal court is available for FDCPA federal-question jurisdiction or diversity.
• Removal risk. Defendants frequently remove from Maryland Circuit Court to U.S. District Court for the District of Maryland on federal-question or diversity grounds. Consider strategic forum selection at filing.
• Class actions. FDCPA caps class statutory damages at the lesser of $500,000 or 1% of the collector's net worth (15 U.S.C. § 1692k(a)(2)(B)). The MCPA expressly authorizes class actions under Md. Rule 2-231.
• Service on resident agent. Service on Maryland LLCs and corporations is typically through the resident agent, which can be located through the Maryland State Department of Assessments and Taxation (SDAT) at sdat.dat.maryland.gov.

14. SOURCES AND REFERENCES

• 15 U.S.C. § 1692 et seq. (FDCPA) — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• 12 C.F.R. Part 1006 (Regulation F) — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• Md. Code Ann., Com. Law § 13-101 et seq. (MCPA) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcl&section=13-101
• Md. Code Ann., Com. Law § 13-301 (Defined practices) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcl&section=13-301
• Md. Code Ann., Com. Law § 13-408 (Private action) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcl&section=13-408
• Md. Code Ann., Com. Law § 14-201 et seq. (MCDCA) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcl&section=14-201
• Md. Code Ann., Com. Law § 14-202 (Prohibited acts) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcl&section=14-202
• Md. Code Ann., Com. Law § 14-203 (Liability) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcl&section=14-203
• Md. Code Ann., Bus. Reg. § 7-101 et seq. (Collection Agency Licensing Act) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gbr&section=7-301
• Maryland Office of the Attorney General, Consumer Protection Division — https://www.marylandattorneygeneral.gov/Pages/CPD/default.aspx
• Office of the Commissioner of Financial Regulation (collection-agency licensing) — https://www.labor.maryland.gov/finance/
• Maryland State Department of Assessments and Taxation (resident-agent search) — https://egov.maryland.gov/BusinessExpress/EntitySearch
• Andrews & Lawrence Prof'l Servs., LLC v. Mills, 467 Md. 126 (2020) (§ 14-202(8) reaches non-FDCPA creditors)
• Finch v. LVNV Funding LLC, 212 Md. App. 748 (2013) (unlicensed collection is per se MCDCA violation)
• CitaraManis v. Hallowell, 328 Md. 142 (1992) (MCPA private action requires actual injury)
• Owens-Illinois, Inc. v. Zenobia, 325 Md. 420 (1992) (punitive-damages standard)
• Jeter v. Credit Bureau, Inc., 760 F.2d 1168 (11th Cir. 1985) (FDCPA "least sophisticated consumer" standard)
• U.S. District Court for the District of Maryland Local Rules — https://www.mdd.uscourts.gov/local-rules
• Maryland Rules of Procedure — https://mdcourts.gov/rules

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney admitted to the Maryland Bar (and the U.S. District Court for the District of Maryland, if filing in federal court) must review and customize this document before filing. Statutes, regulations, and case law change frequently; verify all authorities before use.