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. Optional Count II — N.D.C.C. §§ 51-15-02 and 51-15-09
8. North Dakota Collection-Agency Licensing Facts
9. Damages
10. Prayer for Relief
11. Demand for Trial by Jury
12. Signature and Service Blocks
13. Verification
14. Initial Service Checklist
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 — FAIR DEBT COLLECTION PRACTICES ACT AND OPTIONAL NORTH DAKOTA CLAIM

2. INTRODUCTION

2.1. This is an action by Plaintiff against Defendant for specifically identified violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq.

2.2. Include the North Dakota count only if facts satisfy N.D.C.C. § 51-15-02's sale-or-advertisement predicate and § 51-15-09's requirement that Defendant acquired money or property by the unlawful practice.

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 optional state-law claim under N.D.C.C. § 27-05-06.

3.3. Venue is proper in this county under [IDENTIFY AND APPLY THE CURRENT NORTH DAKOTA VENUE PROVISION] because: [PLEAD VENUE FACTS].

3.4. The FDCPA claim is filed within one year from each violation identified below, as required by § 1692k(d). The relevant violation date(s) are [____________] and the filing date is [____________].

3.5. If Count II is included, it is filed within § 51-15-12's four-year period after accrual, applying that section's discovery language, because: [________________________________].

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 is a "debt collector" under 15 U.S.C. § 1692a(6) because: [PLEAD THE PRINCIPAL-PURPOSE OR REGULARLY-COLLECTS-ANOTHER'S-DEBTS FACTS AND ADDRESS THE STATUTORY EXCLUSIONS].

4.3. If relevant, Defendant is a "collection agency" under N.D.C.C. § 13-05-01.1 because: [FACTS]. Defendant [is / is not / licensing status is unknown] under § 13-05-02, after applying every exemption in § 13-05-02.3.

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 COMMUNICATION CHRONOLOGICALLY. IDENTIFY DATE, TIME, MEDIUM, PARTICIPANTS, EXACT OR SUBSTANTIAL WORDS, AND THE FDCPA SUBSECTION ALLEGEDLY VIOLATED.]

5.4. If a § 1692g(b) theory is pleaded: within thirty days after receiving the § 1692g(a) notice, Plaintiff notified Defendant in writing on [__/__/____] that [the Debt / a portion of the Debt] was disputed or requested the original creditor's name and address. A copy and proof of receipt are attached as Exhibit A.

5.5. Defendant thereafter [continued collection of the disputed debt or portion before mailing verification or a judgment copy / failed to provide the original creditor's name and address before resuming collection]. Section 1692g(b) does not impose a standalone thirty-day response deadline; plead the prohibited collection activity and sequence.

5.6. If the North Dakota count is included, Defendant's conduct satisfied § 51-15-02 because [PLEAD THE DECEPTIVE / FRAUDULENT / FALSE / MISREPRESENTATION BRANCH WITH INTENT THAT OTHERS RELY, OR THE SEPARATE UNCONSCIONABLE / SUBSTANTIAL-INJURY BRANCH, AND CONNECT IT TO A SALE OR ADVERTISEMENT OF MERCHANDISE].

5.7. If the North Dakota count is included, Defendant acquired [MONEY OR PROPERTY] from [PERSON] by means of that practice, as required by § 51-15-09. The facts supporting knowing conduct are: [________________________________].

5.8. As a result of the specifically pleaded conduct, Plaintiff suffered: [IDENTIFY ACTUAL DAMAGE, AMOUNT, DATE, CAUSAL LINK, AND SUPPORTING RECORD].

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

6.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.8.

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

• 15 U.S.C. § 1692c(a)(1) — communicating at an unusual or inconvenient time or place, subject to the statutory consent and court-permission language;
• 15 U.S.C. § 1692c(a)(2) — communicating directly with a consumer the collector knows is represented concerning the debt, subject to the statutory exceptions;
• 15 U.S.C. § 1692c(b) — communicating with a third party about the Debt outside the persons, purposes, and permissions listed in that subsection;
• 15 U.S.C. § 1692c(c) — communicating after receipt of a written refusal-to-pay or cease notice outside the three listed exceptions;
• 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 notice in the initial communication or within five days, unless the consumer had paid the debt;
• 15 U.S.C. § 1692g(b) — continuing collection of a timely disputed debt or portion before mailing the verification, judgment copy, or original-creditor information required by that subsection.

Delete every bullet not supported by pleaded facts. A formal pleading is not an initial communication for § 1692g purposes. 15 U.S.C. § 1692g(d).

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

7. OPTIONAL COUNT II — N.D.C.C. §§ 51-15-02 AND 51-15-09

Delete this count unless every element below is supported.

7.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 6.3.

7.2. The challenged act occurred in connection with the sale or advertisement of "merchandise," as defined in § 51-15-01, because: [________________________________].

7.3. Defendant used the following § 51-15-02 unlawful practice: [IDENTIFY THE PRECISE STATUTORY BRANCH AND FACTS].

7.4. Defendant acquired [MONEY OR PROPERTY] by means of that practice, and Plaintiff suffered actual damages of [$____] because: [________________________________].

7.5. Defendant knowingly committed the conduct because: [________________________________].

7.6. Under § 51-15-09, Plaintiff seeks proven actual damages and, if knowing conduct is found, up to three times those actual damages plus costs, disbursements, and actual reasonable attorney's fees.

8. NORTH DAKOTA COLLECTION-AGENCY LICENSING FACTS

This template does not plead chapter 13-05 as a standalone private count.

8.1. Section 13-05-02 requires a collection-agency license for debt collection in North Dakota unless the chapter provides otherwise; a person engages in debt collection in North Dakota when the debtor resides in North Dakota.

8.2. Section 13-05-02.3 exempts thirteen listed categories. Counsel's licensing analysis is: [________________________________].

8.3. Chapter 13-05 assigns administration and enforcement to the Department of Financial Institutions. Section 13-05-10 makes a chapter violation a class C felony and authorizes the commissioner to impose a civil money penalty up to $5,000 per willful violation. Those public sanctions are not requested as Plaintiff's damages in this complaint.

8.4. If relevant, attach verified licensing evidence and consider a separate regulatory complaint. Do not label a licensing issue an automatic FDCPA or chapter 51-15 violation without facts satisfying the elements of the pleaded claim.

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 additional damages. Plaintiff seeks 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. Optional North Dakota remedies: proven actual damages and, only on a knowing-conduct finding, up to three times actual damages plus the costs, disbursements, and actual reasonable attorney's fees required by § 51-15-09.

9.4. Costs and attorney's fees: in a successful FDCPA action under § 1692k(a)(3), and under § 51-15-09 only if the court finds knowing conduct.

Section 51-15-09 does not itself grant the private injunction requested in the former draft. Section 51-15-07's injunction, restoration, receiver, and cease-and-desist routes are Attorney General remedies.

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. 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. If Count II is included and proved, the remedies authorized by N.D.C.C. § 51-15-09;
• D. Costs and reasonable attorney's fees in a successful FDCPA action under 15 U.S.C. § 1692k(a)(3), plus any separately proved § 51-15-09 costs and fees; and
• E. Other relief authorized by law and supported by the pleaded claims.

11. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all issues so triable under N.D.R.Civ.P. 38.

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. INITIAL SERVICE CHECKLIST

☐ Obtain the issued summons

☐ Identify the Rule 4 subsection governing this Defendant and the person authorized to receive service

☐ Use only a service method authorized by the current rule or court order

☐ Preserve the server's affidavit, acknowledgment, or other required proof

☐ Calendar the deadline for filing proof and responding to any service challenge

15. NORTH DAKOTA PRACTICE NOTES

• FDCPA eligibility. Plead facts showing a consumer debt, a covered debt collector, and conduct tied to each selected subsection. Address the exclusions in § 1692a(6).
• Validation sequence. Section 1692g(b) applies after a timely written dispute or original-creditor request. It pauses collection of the disputed debt or portion until the collector mails the specified verification, judgment copy, or creditor information; it does not set a thirty-day response deadline.
• FDCPA remedies and time. Section 1692k(a)(2)(A) permits such additional damages as the court may allow up to $1,000 in an individual action, not $1,000 per violation. Section 1692k(d) requires filing within one year from the violation.
• North Dakota claim screen. Section 51-15-02 requires the sale-or-advertisement connection and the elements of its selected branch. Section 51-15-09 preserves a qualifying claim against a person who acquired money or property by the unlawful practice. Section 51-15-12 supplies a four-year period and discovery language.
• Private and public remedies. Do not request the Attorney General's § 51-15-07 remedies, the State's § 51-15-11 civil penalty, or the commissioner's § 13-05-10 penalty as private damages.
• Licensing. Apply § 13-05-01.1's definitions and every § 13-05-02.3 exemption before alleging an unlicensed collection agency. Preserve the official license-search result used.
• Pleading discipline. Remove unused theories and allege dates, words, participants, receipt, sequence, causation, and damages. Do not treat an FDCPA violation as automatically satisfying chapter 51-15.

16. SOURCES AND REFERENCES

• Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p: https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter41/subchapter5&edition=prelim
• 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. ch. 13-05 (Collection Agencies) — https://ndlegis.gov/cencode/t13c05.pdf
• N.D.R.Civ.P. 4: https://www.ndcourts.gov/legal-resources/rules/ndrcivp/4
• N.D.R.Civ.P. 38: https://www.ndcourts.gov/legal-resources/rules/ndrcivp/38

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.