FDCPA Violation Complaint - Maine

FDCPA VIOLATION COMPLAINT — MAINE

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. Factual Allegations
4. Count I — Federal FDCPA Violations (15 U.S.C. § 1692 et seq.)
5. Count II — Maine Fair Debt Collection Practices Act (32 M.R.S. § 11001 et seq.)
6. Count III — Maine Unfair Trade Practices Act (5 M.R.S. §§ 207, 213)
7. Damages
8. Prayer for Relief
9. Demand for Trial by Jury
10. Signature and Service Blocks
11. Maine Practice Notes
12. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

DISTRICT OF MAINE

[NORTHERN / SOUTHERN] DIVISION

CIVIL ACTION NO. [________________________________]

COMPLAINT FOR DAMAGES — JURY TRIAL DEMANDED

Plaintiff, by and through undersigned counsel, complaining of Defendants, alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is a natural person and a "consumer" within the meaning of 15 U.S.C. § 1692a(3) and 32 M.R.S. § 11002(2), residing in [CITY, COUNTY], Maine.

2.2. Defendant [COLLECTOR ENTITY] ("Collector") is a [CORPORATION / LLC / OTHER] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. Collector regularly collects or attempts to collect debts asserted to be owed to another and is a "debt collector" within the meaning of 15 U.S.C. § 1692a(6) and 32 M.R.S. § 11002(6).

2.3. Defendant [INDIVIDUAL COLLECTOR], upon information and belief, is an employee, agent, and/or officer of Collector who personally engaged in the conduct described herein and is jointly and severally liable.

2.4. The alleged debt at issue (the "Debt") is a "debt" within the meaning of 15 U.S.C. § 1692a(5) and 32 M.R.S. § 11002(5) — namely, an obligation arising from a transaction in which the money, property, or services were primarily for personal, family, or household purposes.

2.5. Subject-matter jurisdiction is proper under 28 U.S.C. § 1331 (federal-question for the FDCPA count) and 28 U.S.C. § 1367 (supplemental jurisdiction over the Maine FDCPA and MUTPA counts).

2.6. Venue is proper in the District of Maine under 28 U.S.C. § 1391(b) because a substantial part of the events giving rise to the claims occurred in this District and Plaintiff resides in this District.

3. FACTUAL ALLEGATIONS

3.1. On or about [DATE], Defendants began attempting to collect the Debt from Plaintiff. The Debt was allegedly originally incurred to [ORIGINAL CREDITOR] for [NATURE OF CONSUMER TRANSACTION — e.g., medical services, credit card balance, retail purchase].

3.2. The Debt was incurred for personal, family, or household purposes and not for any business or commercial purpose.

3.3. On [DATE], Defendants contacted Plaintiff by [TELEPHONE / LETTER / EMAIL / TEXT] at [NUMBER / ADDRESS] seeking payment of $[AMOUNT].

3.4. [DESCRIBE EACH SPECIFIC ACT OF MISCONDUCT — e.g., calling before 8:00 a.m. or after 9:00 p.m.; calling Plaintiff's place of employment after being told such calls were prohibited; using profane or abusive language; misrepresenting the amount or legal status of the Debt; threatening litigation that Defendants did not intend to pursue; communicating with third parties about the Debt; failing to send the § 1692g validation notice within 5 days of initial communication; continuing collection efforts after Plaintiff disputed the Debt in writing.]

3.5. On [DATE], Plaintiff sent Defendants a written dispute and request for verification under 15 U.S.C. § 1692g(b) and 32 M.R.S. § 11014. A true and correct copy is attached as Exhibit A.

3.6. Despite receiving Plaintiff's written dispute, Defendants [continued collection activity / failed to provide verification / reported the Debt to a consumer reporting agency without noting it as disputed / filed suit].

3.7. On [DATE], pursuant to 5 M.R.S. § 213(1-A), Plaintiff sent Defendants a written demand for relief identifying the unfair or deceptive acts and the injuries suffered. A true and correct copy is attached as Exhibit B. More than thirty (30) days have elapsed and Defendants have not made a reasonable written tender of settlement.

3.8. As a result of Defendants' conduct, Plaintiff has suffered actual damages including [emotional distress, anxiety, embarrassment, humiliation, loss of sleep, harm to credit, attorney consultation fees, lost wages, telephone charges, postage, and other out-of-pocket expenses].

4. COUNT I — FEDERAL FDCPA VIOLATIONS

4.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 3.8.

4.2. Defendants violated the FDCPA, 15 U.S.C. § 1692 et seq., including but not limited to:

• § 1692c(a)(1) — communicating with Plaintiff at unusual or inconvenient times or places;
• § 1692c(a)(3) — communicating with Plaintiff at Plaintiff's place of employment after being notified that the employer prohibits such communications;
• § 1692c(b) — communicating with third parties about the Debt without Plaintiff's consent;
• § 1692d — engaging in conduct the natural consequence of which is to harass, oppress, or abuse;
• § 1692d(5) — causing the telephone to ring repeatedly with intent to annoy, abuse, or harass;
• § 1692e(2) — making false representations as to the character, amount, or legal status of the Debt;
• § 1692e(5) — threatening to take action that cannot legally be taken or that is not intended to be taken;
• § 1692e(8) — communicating credit information known or reasonably suspected to be false, including failing to mark the Debt as disputed;
• § 1692e(10) — using false representations or deceptive means to collect or attempt to collect the Debt;
• § 1692f — using unfair or unconscionable means to collect the Debt;
• § 1692g(a) — failing to provide the required validation notice within five (5) days of the initial communication;
• § 1692g(b) — continuing collection activity after a written dispute without first obtaining and mailing verification.

4.3. Defendants' conduct is actionable under 15 U.S.C. § 1692k. Plaintiff is entitled to actual damages, statutory damages up to $1,000, and reasonable attorney's fees and costs.

5. COUNT II — MAINE FAIR DEBT COLLECTION PRACTICES ACT

5.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 4.3.

5.2. Defendants are "debt collectors" under 32 M.R.S. § 11002(6) and have engaged in "debt collection" activities subject to Chapter 109-A.

5.3. Defendants violated the Maine FDCPA, 32 M.R.S. § 11001 et seq., including:

• § 11011 — communications in connection with debt collection at unusual or inconvenient times or with prohibited third parties;
• § 11012 — engaging in harassing or abusive conduct;
• § 11013 — making false, deceptive, or misleading representations;
• § 11013-A — using unfair or unconscionable means;
• § 11014 — failing to provide a written validation notice within five (5) days of the initial communication and failing to cease collection upon written dispute until verification is mailed.

5.4. Pursuant to 32 M.R.S. § 11054, Plaintiff is entitled to actual damages, additional damages up to $1,000, and reasonable attorney's fees and costs.

6. COUNT III — MAINE UNFAIR TRADE PRACTICES ACT

6.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.4.

6.2. Plaintiff is a person who purchased goods or services primarily for personal, family, or household purposes within the meaning of 5 M.R.S. § 213(1).

6.3. Defendants' acts and practices in attempting to collect the Debt constitute "unfair or deceptive acts or practices in the conduct of any trade or commerce" prohibited by 5 M.R.S. § 207. Violations of the FDCPA and the Maine FDCPA are per se violations of MUTPA.

6.4. As a direct and proximate result, Plaintiff has suffered a loss of money or property.

6.5. On [DATE], Plaintiff served Defendants with a written demand for relief under 5 M.R.S. § 213(1-A) at least thirty (30) days before commencement of this action. Defendants failed to make a reasonable written tender of settlement.

6.6. Plaintiff is entitled to actual damages, restitution, equitable relief including a permanent injunction, and reasonable attorney's fees and costs under 5 M.R.S. § 213(2).

7. DAMAGES

7.1. Actual damages including emotional distress, anxiety, embarrassment, harm to credit, lost wages, and out-of-pocket expenses, in an amount to be proven at trial.

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

7.3. Maine FDCPA additional damages of up to $1,000 per 32 M.R.S. § 11054(1)(B).

7.4. MUTPA restitution and equitable relief under 5 M.R.S. § 213(1).

7.5. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3), 32 M.R.S. § 11054(1)(C), and 5 M.R.S. § 213(2).

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment against Defendants, jointly and severally, as follows:

• A. Actual damages in an amount to be determined at trial;
• B. Statutory damages of $1,000 under the FDCPA;
• C. Additional damages of $1,000 under the Maine FDCPA;
• D. Restitution and equitable relief, including a permanent injunction barring Defendants from further unlawful collection conduct, under MUTPA;
• E. Reasonable attorney's fees and costs;
• F. Pre-judgment and post-judgment interest as allowed by law;
• G. Such other and further relief as the Court deems just and proper.

9. 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 and 5 M.R.S. § 213(2).

10. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

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

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, ME ZIP]

Telephone: [________________]

Email: [________________]

11. MAINE PRACTICE NOTES

• Forum selection. The federal FDCPA grants concurrent jurisdiction to state and federal courts (15 U.S.C. § 1692k(d)). Federal court is often preferred for fee-shifting predictability and broader discovery; state Superior Court is appropriate where claims under MUTPA dominate or where punitive equity is sought.
• MUTPA limited to consumer transactions. The private right of action under 5 M.R.S. § 213 is available ONLY to purchasers or lessees of goods, services, or property "primarily for personal, family, or household purposes." Business-to-business plaintiffs cannot use § 213. Confirm the underlying transaction qualifies before pleading Count III.
• Mandatory 30-day demand. 5 M.R.S. § 213(1-A) requires a written demand identifying the claimant, describing the unfair or deceptive act, and the injury at least 30 days before suit. Failure to plead and prove the demand defeats the MUTPA count and the attorney's-fee award. Include the demand letter as an exhibit.
• Statutes of limitations. FDCPA: 1 year from violation, 15 U.S.C. § 1692k(d). MUTPA: 6 years (general civil limitations under 14 M.R.S. § 752). Maine FDCPA: 6 years.
• Bona fide error defense. Defendants may raise the bona fide error defense under 15 U.S.C. § 1692k(c) and 32 M.R.S. § 11054(3). Anticipate by pleading specific facts showing willfulness or recklessness.
• Bureau of Consumer Credit Protection. The Maine BCCP (within the Department of Professional and Financial Regulation) administers the Maine FDCPA, licenses debt collectors, and accepts consumer complaints. License status of the defendant is discoverable and probative.
• Per se MUTPA theory. Maine courts have recognized that violations of consumer-protection statutes can constitute per se unfair or deceptive practices under § 207. Plead the FDCPA and Maine FDCPA violations as predicates.
• Attorney's fees. All three statutes (FDCPA, Maine FDCPA, MUTPA) shift reasonable attorney's fees and costs to prevailing plaintiffs. Document time contemporaneously.
• Class actions. FDCPA permits class actions with statutory damages capped at the lesser of $500,000 or 1% of the debt collector's net worth (15 U.S.C. § 1692k(a)(2)(B)).

12. SOURCES AND REFERENCES

• 15 U.S.C. § 1692 et seq. (Fair Debt Collection Practices Act) — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• 5 M.R.S. § 207 — https://legislature.maine.gov/statutes/5/title5sec207.html
• 5 M.R.S. § 213 — https://legislature.maine.gov/statutes/5/title5sec213.html
• 32 M.R.S. Ch. 109-A (Maine FDCPA) — https://legislature.maine.gov/statutes/32/title32ch109-Asec0.html
• 32 M.R.S. § 11014 (Validation) — https://legislature.maine.gov/statutes/32/title32sec11014.html
• 32 M.R.S. § 11054 (Civil liability) — https://legislature.maine.gov/legis/statutes/32/title32sec11054.html
• Maine Bureau of Consumer Credit Protection — https://www.maine.gov/pfr/consumercredit/
• Maine Attorney General Consumer Protection Division — https://www.maine.gov/ag/consumer/
• Bartner v. Carter, 405 A.2d 194 (Me. 1979) (MUTPA private right of action)
• CFPB FDCPA resources — https://www.consumerfinance.gov/consumer-tools/debt-collection/

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