FDCPA Violation Complaint - North Dakota

FDCPA VIOLATION COMPLAINT — NORTH DAKOTA

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 — North Dakota Consumer Fraud Act (N.D.C.C. § 51-15-02)
8. Count III — North Dakota Collection Agency Act (N.D.C.C. ch. 13-05)
9. Damages
10. Prayer for Relief
11. Demand for Trial by Jury
12. Signature and Service Blocks
13. Verification
14. Certificate of Service
15. North Dakota Practice Notes
16. Sources and References

1. CAPTION

STATE OF NORTH DAKOTA

IN DISTRICT COURT

[JUDICIAL DISTRICT NAME] JUDICIAL DISTRICT — [COUNTY] COUNTY

CASE NO. [________________________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF — VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT, NORTH DAKOTA CONSUMER FRAUD ACT, AND NORTH DAKOTA COLLECTION AGENCY ACT

2. INTRODUCTION

2.1. This is an action by Plaintiff, an individual consumer, against Defendant, a debt collector, for violations of the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq., the North Dakota Consumer Fraud Act ("NDCFA"), N.D.C.C. § 51-15-01 et seq., and the North Dakota Collection Agency Act ("NDCAA"), N.D.C.C. ch. 13-05.

2.2. Plaintiff seeks actual damages, statutory damages, treble damages on knowing NDCFA violations, injunctive relief, costs, and reasonable attorney's fees.

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction over the federal FDCPA claim pursuant to 15 U.S.C. § 1692k(d), which expressly authorizes suit in any "appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction." North Dakota district courts are courts of competent jurisdiction.

3.2. This Court has subject-matter jurisdiction over the state-law claims pursuant to N.D. Const. art. VI, § 8 and N.D.C.C. § 27-05-06 (general jurisdiction of the district courts).

3.3. Venue is proper in [COUNTY] County under N.D.C.C. § 28-04-05 because Plaintiff resides in this county, and under N.D.C.C. § 28-04-06 because a substantial part of the conduct giving rise to the claims occurred in this county.

4. PARTIES

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

4.2. Defendant [DEFENDANT NAME] is a [corporation / LLC / partnership] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. Defendant regularly collects or attempts to collect, directly or indirectly, debts owed or asserted to be owed to another, and uses instrumentalities of interstate commerce or the mails in furtherance of its business. Defendant is therefore a "debt collector" within the meaning of 15 U.S.C. § 1692a(6) and a "collection agency" within the meaning of N.D.C.C. § 13-05-01.

4.3. Upon information and belief, Defendant [is / is not] licensed as a collection agency by the North Dakota Department of Financial Institutions pursuant to N.D.C.C. § 13-05-02.

5. FACTUAL ALLEGATIONS

5.1. The alleged debt at issue ("the Debt") arose out of a transaction in which Plaintiff incurred an obligation primarily for personal, family, or household purposes, and is therefore a "debt" as defined by 15 U.S.C. § 1692a(5).

5.2. On or about [__/__/____], Defendant first contacted Plaintiff regarding the Debt by [telephone call / letter / text / email] at [NUMBER / ADDRESS].

5.3. [DESCRIBE EACH ALLEGED VIOLATION CHRONOLOGICALLY — calls outside 8 a.m.–9 p.m. local time; threats of arrest, criminal prosecution, or wage garnishment without lawful basis; calls to third parties disclosing the debt; failure to provide § 1692g validation notice; continued collection after written cease-and-desist; misrepresentation of debt amount, character, or legal status; communication after Plaintiff's written notice that Plaintiff was represented by counsel; pursuit of a debt outside the applicable North Dakota statute of limitations; etc.]

5.4. On [__/__/____], Plaintiff sent Defendant a written request for validation of the Debt pursuant to 15 U.S.C. § 1692g(b). A true and correct copy is attached as Exhibit A.

5.5. Defendant [failed to provide validation / continued collection activity before responding / responded with insufficient documentation], in violation of § 1692g(b).

5.6. Defendant's conduct was knowing within the meaning of N.D.C.C. § 51-15-09 because [Defendant had actual knowledge of the falsity / Defendant disregarded a written dispute and proceeded without validation / Defendant repeated the conduct after Plaintiff's complaints / Defendant maintained internal policies authorizing the unlawful conduct].

5.7. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered actual damages, including but not limited to emotional distress, anxiety, embarrassment, loss of sleep, time spent responding to unlawful collection conduct, and out-of-pocket expenses.

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

6.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.7.

6.2. Defendant violated the FDCPA in one or more of the following respects:

• 15 U.S.C. § 1692c(a)(1) — communicating at unusual or inconvenient times;
• 15 U.S.C. § 1692c(a)(2) — communicating directly with a consumer known to be represented by counsel;
• 15 U.S.C. § 1692c(b) — communicating with third parties about the Debt;
• 15 U.S.C. § 1692d — engaging in conduct the natural consequence of which is to harass, oppress, or abuse;
• 15 U.S.C. § 1692e — using false, deceptive, or misleading representations, including misrepresenting the character, amount, or legal status of the Debt (§ 1692e(2)) and threatening action that cannot legally be taken (§ 1692e(5));
• 15 U.S.C. § 1692f — using unfair or unconscionable means to collect the Debt, including collecting amounts not authorized by agreement or law (§ 1692f(1));
• 15 U.S.C. § 1692g(a) — failing to provide the required validation notice within five days of the initial communication;
• 15 U.S.C. § 1692g(b) — continuing collection activity after Plaintiff's timely written dispute and before validation.

6.3. Plaintiff is entitled to actual damages, statutory damages of up to $1,000, costs, and reasonable attorney's fees pursuant to 15 U.S.C. § 1692k(a).

7. COUNT II — NORTH DAKOTA CONSUMER FRAUD ACT (N.D.C.C. § 51-15-02)

7.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 6.3.

7.2. The collection of a consumer debt for personal, family, or household purposes is conduct "in connection with the sale or advertisement of any merchandise" within the meaning of N.D.C.C. § 51-15-02.

7.3. Defendant engaged in deceptive acts or practices, fraud, false pretense, false promise, and misrepresentation, with the intent that others rely upon them, in violation of N.D.C.C. § 51-15-02. The unlawful acts include, without limitation, those set forth in Paragraph 5.3 above and the FDCPA violations enumerated in Paragraph 6.2.

7.4. Defendant acted knowingly within the meaning of N.D.C.C. § 51-15-09. Plaintiff is therefore entitled to:

• (a) actual damages;
• (b) treble damages, in the discretion of the Court, pursuant to § 51-15-09;
• (c) costs, disbursements, and reasonable attorney's fees, which the Court must award on a knowing violation; and
• (d) injunctive relief.

7.5. Plaintiff seeks treble damages and fees pursuant to N.D.C.C. § 51-15-09.

8. COUNT III — NORTH DAKOTA COLLECTION AGENCY ACT (N.D.C.C. ch. 13-05)

8.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 7.5.

8.2. Defendant is a "collection agency" within the meaning of N.D.C.C. § 13-05-01 because Defendant [engages in the business of soliciting claims for collection / collects or attempts to collect debts owed to others / acts as a debt buyer collecting on its own purchased portfolio].

8.3. [ALLEGE LICENSURE FAILURE OR REGULATORY VIOLATION:] Upon information and belief, Defendant collected or attempted to collect the Debt from Plaintiff without holding the license required by N.D.C.C. § 13-05-02, in violation of North Dakota law. Operating an unlicensed collection agency in North Dakota is a class C felony under N.D.C.C. § 13-05-12, and the Commissioner of the Department of Financial Institutions may impose a civil money penalty of up to $5,000 per violation upon a person or agency that willfully violates the chapter.

8.4. Defendant's violation of the NDCAA constitutes a per se unfair, deceptive, or unconscionable act within the meaning of the NDCFA and the FDCPA, supporting the relief sought above.

9. DAMAGES

9.1. Actual damages: out-of-pocket losses, lost wages, emotional distress, anxiety, embarrassment, and loss of enjoyment of life, in an amount to be proven at trial.

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

9.3. NDCFA treble damages: at the Court's discretion under N.D.C.C. § 51-15-09 on a knowing violation.

9.4. Costs and attorney's fees: under 15 U.S.C. § 1692k(a)(3) and N.D.C.C. § 51-15-09 (mandatory on knowing violation).

9.5. Injunctive relief: under N.D.C.C. § 51-15-09 enjoining further violations.

9.6. Pre- and post-judgment interest under N.D.C.C. §§ 32-03-04 and 32-03-05.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment in favor of Plaintiff 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. Treble damages under N.D.C.C. § 51-15-09;
• D. A permanent injunction under N.D.C.C. § 51-15-09 enjoining Defendant from further violations of the NDCFA and the NDCAA;
• E. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and N.D.C.C. § 51-15-09;
• F. Pre-judgment and post-judgment interest as permitted by N.D.C.C. §§ 32-03-04 and 32-03-05; and
• G. Such other and further relief as the Court deems just and equitable.

11. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all issues so triable as a matter of right pursuant to N.D.R.Civ.P. 38, N.D. Const. art. I, § 13, and the Seventh Amendment to the United States Constitution.

12. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], North Dakota State Bar ID No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, ND ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. VERIFICATION

STATE OF NORTH DAKOTA

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being first duly sworn upon oath, depose and say 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 to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public, State of North Dakota

(My Commission Expires: [_______________])

(Seal)

14. CERTIFICATE OF SERVICE

I hereby certify that on this [____] day of [_______________], 20[____], a true and correct copy of the foregoing COMPLAINT was served upon Defendant pursuant to N.D.R.Civ.P. 4 by [method — sheriff, certified mail with return receipt requested, designated delivery service, or as the Court directs] at the following address:

[DEFENDANT NAME AND ADDRESS / REGISTERED AGENT]

[________________________________]

[ATTORNEY NAME]

15. NORTH DAKOTA PRACTICE NOTES

• NDCFA private right of action. N.D.C.C. § 51-15-09 authorizes any person damaged by a violation of § 51-15-02 to bring a civil action. On a knowing violation, the court may award up to three times the actual damages and must award costs, disbursements, and reasonable attorney's fees. See, e.g., Schmidt v. Plains Elec., Inc., 281 N.W.2d 794 (N.D. 1979); Erickson v. Brown, 2008 ND 57, 747 N.W.2d 34.
• Limitations. No statute-specific limitations period applies to the NDCFA. Courts generally apply the six-year statute on statutory liabilities under N.D.C.C. § 28-01-16(2). The FDCPA carries a one-year limitations period from each discrete violation under 15 U.S.C. § 1692k(d) and Rotkiske v. Klemm, 589 U.S. 8 (2019).
• Pleading "knowing" conduct. North Dakota courts apply Rule 8 notice pleading, but the FDCPA claim in federal court is subject to Twombly/Iqbal plausibility. Plead specific facts — repeat conduct after written dispute, prior complaints, internal policies, scripted misrepresentations — to support knowing conduct under § 51-15-09.
• Exemplary damages procedure. Exemplary damages are permitted under N.D.C.C. § 32-03.2-11 on a showing of oppression, fraud, or actual malice, but may NOT be pleaded in the initial complaint. Plaintiff must file a motion to amend supported by affidavit and evidentiary materials establishing a prima facie case.
• Collection Agency Act. N.D.C.C. ch. 13-05 requires licensure for any person collecting consumer debt from a North Dakota debtor. The North Dakota Department of Financial Institutions (DFI) administers licensing. Operating without a license is a class C felony (§ 13-05-12). Verify status before filing and plead unlicensed status where applicable.
• Forum. FDCPA actions may be filed in the U.S. District Court for the District of North Dakota or in any North Dakota district court. State district courts are courts of general jurisdiction with no minimum amount-in-controversy requirement.
• Service of process. N.D.R.Civ.P. 4 governs service. On a foreign collection agency, serve the registered agent on file with the North Dakota Secretary of State or, if none, the Secretary of State as statutory agent (N.D.C.C. § 10-19.1-13).
• Long-arm jurisdiction. N.D.R.Civ.P. 4(b)(2) provides personal jurisdiction over out-of-state collectors that transact business or commit tortious acts within North Dakota.
• Concurrent administrative remedies. Filing a parallel complaint with the North Dakota Attorney General (Consumer Protection and Antitrust Division) and DFI strengthens the unfairness theory and may prompt regulatory action.

16. SOURCES AND REFERENCES

• Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• 15 U.S.C. § 1692k (civil liability) — https://www.law.cornell.edu/uscode/text/15/1692k
• N.D.C.C. ch. 51-15 (Unlawful Sales or Advertising Practices / Consumer Fraud Act) — https://ndlegis.gov/cencode/t51c15.pdf
• N.D.C.C. § 51-15-02 (deceptive acts unlawful) — https://ndlegis.gov/cencode/t51c15.html
• N.D.C.C. § 51-15-09 (private right of action; treble damages; fees) — https://codes.findlaw.com/nd/title-51-sales-and-exchanges/nd-cent-code-sect-51-15-09.html
• N.D.C.C. ch. 13-05 (Collection Agencies) — https://ndlegis.gov/cencode/t13c05.pdf
• N.D.C.C. § 13-05-02 (license required) — https://www.lawserver.com/law/state/north-dakota/nd-code/north_dakota_code_13_05_02
• N.D.C.C. § 32-03.2-11 (exemplary damages procedure) — https://ndlegis.gov/cencode/t32c03-2.pdf
• N.D.C.C. § 28-01-16 (limitations on statutory liability) — https://ndlegis.gov/cencode/t28c01.pdf
• North Dakota Rules of Civil Procedure — https://www.ndcourts.gov/legal-resources/rules
• North Dakota Department of Financial Institutions (license search) — https://www.nd.gov/dfi/
• North Dakota Attorney General — Consumer Protection — https://attorneygeneral.nd.gov/consumer-resources/
• Rotkiske v. Klemm, 589 U.S. 8 (2019) (FDCPA limitations)
• Erickson v. Brown, 2008 ND 57, 747 N.W.2d 34 (NDCFA elements)
• 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 North Dakota must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.