FDCPA Violation Complaint - Montana

FDCPA AND MONTANA CONSUMER PROTECTION ACT COMPLAINT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Violations of the FDCPA, 15 U.S.C. § 1692 et seq.
7. Count II — Violation of the Montana Consumer Protection Act, MCA § 30-14-103
8. Damages
9. Prayer for Relief
10. Demand for Trial by Jury
11. Signature and Service Blocks
12. Verification
13. Certificate of Service
14. Montana Practice Notes
15. Sources and References

1. CAPTION

[UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA, [BILLINGS / GREAT FALLS / MISSOULA] DIVISION]

CASE NO. [________________________________]

COMPLAINT FOR DAMAGES UNDER THE FAIR DEBT COLLECTION PRACTICES ACT AND THE MONTANA CONSUMER PROTECTION ACT

JURY TRIAL DEMANDED

2. INTRODUCTION

Plaintiff [PLAINTIFF NAME] brings this Complaint against Defendant(s) for violations of the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p (the "FDCPA"), and the Montana Consumer Protection Act, Mont. Code Ann. § 30-14-101 et seq. (the "MCPA"), arising from Defendant's unlawful, abusive, deceptive, and/or unfair conduct in attempting to collect an alleged consumer debt from Plaintiff.

3. JURISDICTION AND VENUE

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

3.2. This Court has supplemental jurisdiction over the state-law MCPA claim pursuant to 28 U.S.C. § 1367(a), as the MCPA claim arises from the same case or controversy.

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 [COUNTY] County, Montana, and Plaintiff resides in this District.

3.4. For the MCPA claim, venue is also proper under Mont. Code Ann. § 30-14-133(1) in the district court of the county where Defendant resides, has its principal place of business, or is doing business.

4. PARTIES

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

4.2. Defendant [DEBT COLLECTOR NAME] ("Defendant") is a [corporation / limited liability company / other] 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 to another and is a "debt collector" as defined by 15 U.S.C. § 1692a(6).

4.3. At all relevant times Defendant was engaged in "trade or commerce" within the meaning of Mont. Code Ann. § 30-14-102(8) by transacting consumer debt collection activity directed to Montana consumers.

5. FACTUAL ALLEGATIONS

5.1. On or about [DATE], Plaintiff allegedly incurred a financial obligation to [ORIGINAL CREDITOR] in connection with [DESCRIBE TRANSACTION — e.g., personal credit card, medical services, residential lease] primarily for personal, family, or household purposes (the "Alleged Debt").

5.2. The Alleged Debt is a "debt" as defined by 15 U.S.C. § 1692a(5).

5.3. On or about [DATE], the Alleged Debt was placed with, sold, or otherwise transferred to Defendant for collection.

5.4. Beginning on or about [DATE], Defendant began attempting to collect the Alleged Debt from Plaintiff through [telephone calls / letters / electronic communications / litigation].

5.5. Defendant's collection conduct included, without limitation, the following acts (the "Violations"):

• ☐ [Excessive or harassing telephone contacts] — Defendant called Plaintiff [NUMBER] times within a [7-day] period concerning the same Alleged Debt, in violation of 12 C.F.R. § 1006.14(b) (Regulation F seven-in-seven rule);
• ☐ [Communication at inconvenient times or places] — Defendant called Plaintiff [before 8:00 a.m. / after 9:00 p.m. / at Plaintiff's place of employment after notice that such calls were prohibited];
• ☐ [Communication with third parties] — Defendant disclosed the existence or nature of the Alleged Debt to [NAME OF THIRD PARTY] without Plaintiff's prior consent;
• ☐ [False or misleading representations] — Defendant misrepresented [the character, amount, or legal status of the debt / its identity / threatened legal action it did not intend to take];
• ☐ [Failure to provide § 1692g validation notice] — Defendant failed to send the required validation notice within five days of the initial communication;
• ☐ [Continued collection after dispute] — On [DATE] Plaintiff sent a written dispute under 15 U.S.C. § 1692g(b); Defendant continued collection activity without first mailing verification;
• ☐ [Other] [DESCRIBE].

5.6. Plaintiff has suffered actual damages as a result of the Violations, including [emotional distress / anxiety / lost wages / out-of-pocket expenses / damage to credit / cost of legal representation].

6. COUNT I — VIOLATIONS OF THE FDCPA, 15 U.S.C. § 1692 et seq.

6.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 5.6.

6.2. Defendant is a "debt collector" subject to the FDCPA. 15 U.S.C. § 1692a(6).

6.3. Plaintiff is a "consumer" and the Alleged Debt is a "debt" within the meaning of 15 U.S.C. § 1692a(3) and § 1692a(5).

6.4. Defendant's conduct as set forth in Paragraph 5.5 violated, without limitation, the following provisions of the FDCPA:

• 15 U.S.C. § 1692c(a) (communication at unusual or inconvenient time or place);
• 15 U.S.C. § 1692c(b) (communication with third parties);
• 15 U.S.C. § 1692d (harassment or abuse);
• 15 U.S.C. § 1692e (false or misleading representations);
• 15 U.S.C. § 1692f (unfair or unconscionable means);
• 15 U.S.C. § 1692g (failure to provide validation notice or to cease collection on dispute);
• 12 C.F.R. § 1006.14 (Regulation F prohibitions on harassment and inconvenient communications).

6.5. As a direct and proximate result of Defendant's violations, Plaintiff is entitled to:

• Actual damages under 15 U.S.C. § 1692k(a)(1);
• Statutory damages up to $1,000.00 under 15 U.S.C. § 1692k(a)(2)(A); and
• Costs and reasonable attorney's fees under 15 U.S.C. § 1692k(a)(3).

7. COUNT II — VIOLATION OF THE MONTANA CONSUMER PROTECTION ACT, MCA § 30-14-103

7.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 6.5.

7.2. Defendant engaged in "trade or commerce" within the meaning of Mont. Code Ann. § 30-14-102(8) by attempting to collect consumer debts from Montana residents.

7.3. The conduct alleged in Paragraph 5.5 constitutes "unfair or deceptive acts or practices in the conduct of any trade or commerce" in violation of Mont. Code Ann. § 30-14-103. Such conduct offends established public policy and is immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers under the standard articulated in Rohrer v. Knudson, 2009 MT 35, 349 Mont. 197, 203 P.3d 759.

7.4. Third-party consumer debt collection is not subject to a pervasive parallel regulatory scheme of the type that triggers the Rohrer-line MCPA exemption (cf. insurance regulation under Title 33 or securities regulation under Title 30, Chapter 10), and the MCPA therefore applies to Defendant's conduct.

7.5. Plaintiff has suffered an "ascertainable loss of money or property" within the meaning of Mont. Code Ann. § 30-14-133(1) as a proximate result of Defendant's conduct.

7.6. Pursuant to Mont. Code Ann. § 30-14-133(1), Plaintiff is entitled to recover the greater of (a) actual damages or (b) $500.00, and the Court may, in its discretion, award up to three (3) times the amount of actual damages where the actual damages do not exceed $100,000.00. Plaintiff is also entitled to reasonable attorney's fees under § 30-14-133(3).

8. DAMAGES

8.1. Actual damages. Out-of-pocket losses, lost wages, and damages for emotional distress, mental anguish, embarrassment, and humiliation in an amount to be proven at trial.

8.2. Statutory damages. Up to $1,000.00 under 15 U.S.C. § 1692k(a)(2)(A); the greater of actual damages or $500.00 under MCA § 30-14-133(1).

8.3. Treble damages. Discretionary trebling under MCA § 30-14-133(1) where actual damages are less than $100,000.00.

8.4. Attorney's fees and costs. Mandatory under 15 U.S.C. § 1692k(a)(3); discretionary under MCA § 30-14-133(3) (attorney fee cap of $250 per hour applies to MCPA fees).

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against Defendant:

• A. Awarding Plaintiff actual damages in an amount to be proven at trial;
• B. Awarding Plaintiff statutory damages of $1,000.00 under 15 U.S.C. § 1692k(a)(2)(A);
• C. Awarding Plaintiff the greater of actual damages or $500.00 under MCA § 30-14-133(1), trebled in the Court's discretion;
• D. Awarding Plaintiff reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and MCA § 30-14-133(3);
• E. Awarding pre-judgment and post-judgment interest as allowed by law; and
• F. Granting such other and further relief as the Court deems just and proper.

10. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all issues so triable as a matter of right.

11. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

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

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. VERIFICATION

STATE OF MONTANA

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint and know the contents thereof; and that the same is true to my own knowledge except as to those matters stated upon information and belief, and as to those I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Subscribed and sworn before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public for the State of Montana

(My Commission Expires: [__/__/____])

13. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] I caused the foregoing COMPLAINT to be served on Defendant via [CM/ECF / certified mail / process server] at the following address(es):

[SERVICE LIST WITH ADDRESSES]

[________________________________]

[ATTORNEY NAME]

14. MONTANA PRACTICE NOTES

• Statute of limitations. The FDCPA carries a one-year limitations period from the date of the violation, 15 U.S.C. § 1692k(d); the U.S. Supreme Court confirmed in Rotkiske v. Klemm, 589 U.S. 8 (2019), that the period runs from the date of the violation, not the date of discovery (with a narrow possible equitable-tolling carve-out). MCPA claims are typically governed by Montana's two-year statute on statutory liability under MCA § 27-2-211, but counsel should confirm the controlling limitations period given the specific theory pled.
• Regulated-industry exemption (Rohrer). The Montana Supreme Court has held that the MCPA does not reach transactions covered by another comprehensive regulatory scheme — most prominently insurance (regulated under Title 33) and securities (Title 30, Chapter 10). Standard third-party debt collection is not within that exemption, but confirm the conduct at issue is not subject to a parallel pervasive scheme before pleading the MCPA count.
• Montana Collection Agency Act. Defendant should be cross-checked for licensure under MCA Title 32, Chapter 5; an unlicensed collector may face additional state-law claims.
• Fee-cap quirk. MCA § 30-14-133(3) caps recoverable MCPA attorney's fees at $250 per hour; the FDCPA fee award under § 1692k(a)(3) has no such cap and is generally based on the lodestar method.
• Class actions. MCA § 30-14-133(1) expressly bars private class actions under the MCPA; class relief is available for the FDCPA count under Fed. R. Civ. P. 23 and 15 U.S.C. § 1692k(a)(2)(B).
• Choice of forum. Federal District of Montana has three principal divisions (Billings, Great Falls, Missoula). The state-court alternative is the Montana district court for the county where Defendant resides, has its principal place of business, or is doing business per § 30-14-133(1).
• Pre-suit demand. No pre-suit demand letter is required under the FDCPA or the MCPA, but a written § 1692g(b) dispute and/or a § 30-14-133 demand often strengthens the trebling and fee-shifting record.

15. SOURCES AND REFERENCES

• 15 U.S.C. § 1692 et seq. (FDCPA) — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• 12 C.F.R. Part 1006 (Regulation F) — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• Mont. Code Ann. § 30-14-101 et seq. — https://mca.legmt.gov/bills/mca/title_0300/chapter_0140/part_0010/sections_index.html
• Mont. Code Ann. § 30-14-103 (Unlawful practices) — https://archive.legmt.gov/bills/2022/mca/title_0300/chapter_0140/part_0010/section_0030/0300-0140-0010-0030.html
• Mont. Code Ann. § 30-14-133 (Damages — attorney fees) — https://law.justia.com/codes/montana/title-30/chapter-14/part-1/section-30-14-133/
• Rohrer v. Knudson, 2009 MT 35, 349 Mont. 197, 203 P.3d 759 — https://caselaw.findlaw.com/court/mt-supreme-court/1432007.html
• Rotkiske v. Klemm, 589 U.S. 8 (2019)
• Montana Department of Justice, Office of Consumer Protection — https://dojmt.gov/consumer/
• CFPB Debt Collection 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 Montana must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.