FDCPA Violation Complaint (Federal FDCPA + Mississippi MCPA)

COMPLAINT — FDCPA + MISSISSIPPI CONSUMER PROTECTION ACT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. MCPA Informal Dispute Resolution Compliance
7. Count I — Violations of the FDCPA
8. Count II — Violations of the Mississippi Consumer Protection Act
9. Damages
10. Prayer for Relief
11. Demand for Trial by Jury
12. Signature and Service Blocks
13. Mississippi Practice Notes
14. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

[NORTHERN / SOUTHERN] DISTRICT OF MISSISSIPPI

[__________________] DIVISION

CIVIL ACTION FILE NO. [________________________________]

COMPLAINT FOR DAMAGES (FDCPA + MISSISSIPPI CONSUMER PROTECTION ACT) — 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, as a supplemental claim, the Mississippi Consumer Protection Act ("MCPA"), Miss. Code Ann. § 75-24-1 et seq.

2.2. Plaintiff 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 and Mississippi law.

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

3. JURISDICTION AND VENUE

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.

3.2. The Court has supplemental jurisdiction over the Mississippi Consumer Protection Act 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. For a federal filing, plead facts satisfying one specific 28 U.S.C. § 1391(b) route: (1) a district where any defendant resides if all defendants reside in the forum State; (2) a district where a substantial part of the events or omissions occurred; or (3), only if no district is otherwise available, a district where a defendant is subject to personal jurisdiction for the action. A generic statement that a defendant transacts business in the forum is not enough by itself.

4. PARTIES

4.1. Plaintiff [PLAINTIFF NAME] is a natural person and a "consumer" within the meaning of 15 U.S.C. § 1692a(3), residing in [COUNTY] County, Mississippi.

4.2. Defendant [DEBT COLLECTOR ENTITY] is a [corporation/LLC] organized under the laws of [STATE] with its principal place of business at [ADDRESS], 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.

5. FACTUAL ALLEGATIONS

5.1. The alleged debt at issue (the "Debt") is a consumer debt incurred by Plaintiff primarily for personal, family, or household purposes within the meaning of 15 U.S.C. § 1692a(5) and Miss. Code Ann. § 75-24-15(1).

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 Plaintiff 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 Plaintiff's cell phone within [time period], including [number] calls after Plaintiff orally requested that Defendant cease calling];
• [DESCRIBE — e.g., contacted Plaintiff 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, non-consumer family members, neighbors) regarding the Debt without Plaintiff'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 Plaintiff 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, Plaintiff 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. Defendant(s) acted intentionally, willfully, or with reckless disregard for Plaintiff's rights under federal and Mississippi law.

6. MCPA INFORMAL DISPUTE RESOLUTION COMPLIANCE

6.1. Miss. Code Ann. § 75-24-15(2) provides that no private MCPA action may be brought "until the person has first made a reasonable attempt to resolve any claim through an informal dispute settlement program approved by the Attorney General."

6.2. On [DATE], Plaintiff submitted a written complaint regarding the Collection Conduct to the [Better Business Bureau serving Mississippi / other AG-approved informal dispute settlement program] (BBB Case No. [__________]). A true and correct copy of the complaint and all responsive correspondence is attached as Exhibit A.

6.3. The informal dispute settlement process [concluded on [DATE] without resolution / was rejected by Defendant on [DATE] / proceeded for more than [____] days without meaningful response]. Plaintiff has therefore made a reasonable attempt to resolve the claim through an AG-approved program and the prerequisite of § 75-24-15(2) is satisfied.

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

7.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.6.

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

8. COUNT II — VIOLATIONS OF THE MISSISSIPPI CONSUMER PROTECTION ACT (Miss. Code Ann. § 75-24-1 et seq.)

8.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 6.3.

8.2. Plaintiff purchased or attempted to purchase [goods / services] primarily for personal, family, or household purposes, qualifying Plaintiff as a person entitled to bring a private action under Miss. Code Ann. § 75-24-15(1).

8.3. Plaintiff does not rely on the broad clause in § 75-24-5(1), because the section states that an action under subsection (1) may be brought only under § 75-24-9. For any individual claim under § 75-24-15, Plaintiff alleges the following current enumerated practice in § 75-24-5(2): [SUBSECTION LETTER, OPERATIVE ELEMENTS, AND FACTS]. Generic allegations of unconscionability or a misrepresented legal consequence do not substitute for an enumerated subsection.

8.4. Plaintiff has suffered ascertainable loss of money or property as a direct and proximate result of the prohibited Collection Conduct.

8.5. Plaintiff has satisfied the informal dispute settlement prerequisite of Miss. Code Ann. § 75-24-15(2) as set forth in Paragraphs 6.1–6.3.

8.6. Pursuant to Miss. Code Ann. § 75-24-15(1), Plaintiff is entitled to recover such loss of money or property and, in the discretion of the court, reasonable attorney's fees.

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. 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).

9.3. Loss of money or property under Miss. Code Ann. § 75-24-15(1).

9.4. Punitive damages under Miss. Code Ann. § 11-1-65 as warranted by Defendant(s)' actual malice or gross negligence evincing willful, wanton, or reckless disregard for Plaintiff's rights.

9.5. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and, in the court's discretion, Miss. Code Ann. § 75-24-15(1).

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands:

• A. Judgment against Defendant(s), jointly and severally, for actual damages in an amount to be determined by a jury;
  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. Recovery of loss of money or property under Miss. Code Ann. § 75-24-15(1);

• D. Punitive damages as the jury may award under Miss. Code Ann. § 11-1-65;
• E. Equitable and injunctive relief, including an order enjoining Defendant(s) from further violations;
• F. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and Miss. Code Ann. § 75-24-15(1);
• G. Pre-judgment and post-judgment interest as allowed by law;
• H. Such other and further relief as the Court deems just and proper.

11. DEMAND FOR TRIAL BY JURY

Plaintiff 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).

12. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Mississippi Bar No. [______]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, MS ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. MISSISSIPPI PRACTICE NOTES

• MCPA private right is NARROW. Miss. Code Ann. § 75-24-15(1) limits private actions to consumers who purchased goods or services "primarily for personal, family or household purposes." Subsection (2) requires a "reasonable attempt to resolve any claim through an informal dispute settlement program approved by the Attorney General" before filing suit. The only such program in widespread use is operated through the Better Business Bureau. Failure to complete the BBB process is fatal to the MCPA count and dismissal is the standard remedy.
• No class actions under the MCPA. Miss. Code Ann. § 75-24-15(4) prohibits any class action or representative suit under Chapter 24. Federal FDCPA class actions remain available under 15 U.S.C. § 1692k(a)(2)(B), subject to the lesser of $500,000 or 1% of the collector's net worth in additional damages.
• Most Mississippi consumer relief flows through the AG. The Attorney General enforces the MCPA under Miss. Code Ann. § 75-24-9 and may seek civil penalties of up to $10,000 per violation and restitution under § 75-24-19. Filing a complaint with the AG's Consumer Protection Division (601-359-4230; ago.ms.gov) is often the most effective non-litigation remedy.
• No separate state debt-collection statute. Mississippi has not enacted a state analogue to the federal FDCPA. Debt collectors are regulated principally under federal law. The MCPA's general unfair-practices prohibition applies but is constrained by the BBB-mediation prerequisite for private actions.
• FDCPA limitations period is one year. 15 U.S.C. § 1692k(d) imposes a one-year period from the date of the violation. Calendar early. The MCPA does not specify a limitations period; courts apply the residual three-year period under Miss. Code Ann. § 15-1-49.
• Forum. FDCPA jurisdiction is concurrent. U.S. District Court for the Northern District (Aberdeen, Greenville, Oxford) or Southern District (Hattiesburg, Jackson, Gulfport) is typical. State circuit court is also proper; the Mississippi Rules of Civil Procedure (Rule 8 notice pleading) govern. Defendants may remove from state court under 28 U.S.C. § 1441 because the FDCPA presents a federal question.
• No pre-suit demand letter requirement. Unlike Georgia's FBPA, the MCPA does not require a 30-day pre-suit written demand letter. The required pre-suit step is the BBB / AG-approved informal dispute resolution attempt.
• Punitive damages. The MCPA private remedy does not authorize punitive damages directly. Pursue under Miss. Code Ann. § 11-1-65 with separate proof of actual malice, gross negligence, or actual fraud, and observe the bifurcated trial procedure for punitive damages.
• Interplay with Magnuson-Moss and FCRA. Where collection conduct overlaps with credit reporting violations, consider adding 15 U.S.C. § 1681s-2(b) furnisher-liability claims after CRA dispute. Where the conduct involves a written warranty, consider Magnuson-Moss Warranty Act claims as supplemental.
• Attorney's fees. FDCPA fees are mandatory to a prevailing consumer (15 U.S.C. § 1692k(a)(3)). MCPA fees are discretionary with the court.

14. 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
• Miss. Code Ann. § 75-24-1 et seq. (Mississippi Consumer Protection Act) — https://law.justia.com/codes/mississippi/title-75/chapter-24/
• Miss. Code Ann. § 75-24-5 (Prohibited acts) — https://codes.findlaw.com/ms/title-75-regulation-of-trade-commerce-and-investments/ms-code-sect-75-24-5/
• Miss. Code Ann. § 75-24-15 (Private right of action) — https://codes.findlaw.com/ms/title-75-regulation-of-trade-commerce-and-investments/ms-code-sect-75-24-15.html
• Miss. Code Ann. § 75-24-9 (AG enforcement) — https://law.justia.com/codes/mississippi/title-75/chapter-24/
• Miss. Code Ann. § 11-1-65 (Punitive damages) — https://law.justia.com/codes/mississippi/title-11/chapter-1/section-11-1-65/
• Miss. Code Ann. § 15-1-49 (Three-year residual limitations) — https://law.justia.com/codes/mississippi/title-15/chapter-1/section-15-1-49/
• Mississippi Attorney General Consumer Protection Division — https://attorneygenerallynnfitch.com/divisions/consumer-protection/ | https://www.ago.state.ms.us/
• BBB Serving Mississippi — https://www.bbb.org/local-bbb/bbb-of-mississippi
• 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 Mississippi must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.