FDCPA Violation Complaint - New Hampshire

FDCPA VIOLATION COMPLAINT — NEW HAMPSHIRE

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 — NH Unfair, Deceptive or Unreasonable Collection Practices Act (RSA 358-C)
6. Count III — NH Consumer Protection Act (RSA 358-A)
7. Damages
8. Prayer for Relief
9. Demand for Trial by Jury
10. Signature and Service Blocks
11. New Hampshire Practice Notes
12. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

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 a "debtor" within the meaning of RSA 358-C:1, II, residing in [CITY, COUNTY], New Hampshire.

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 RSA 358-C:1, I.

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) — namely, an obligation arising from a transaction in which the money, property, or services were primarily for personal, family, or household purposes — and was incurred for personal, family, household, or agricultural purposes within the meaning of RSA 358-C:1, III.

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 RSA 358-C and RSA 358-A counts).

2.6. Venue is proper in the District of New Hampshire 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.

2.7. Defendants transact business and direct collection communications into New Hampshire and are subject to personal jurisdiction in this Court under N.H. R.S.A. 510:4 (long-arm statute) and the Due Process Clause.

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; failing to identify the name of the collector and the creditor for whom the Debt is being collected.]

3.5. On [DATE], Plaintiff sent Defendants a written dispute and request for verification under 15 U.S.C. § 1692g(b). 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. Defendants' conduct was willful or knowing within the meaning of RSA 358-A:10 because [STATE FACTS — e.g., conduct continued after written notice; conduct repeats prior FDCPA violations of which Defendants had been advised; conduct evidences a pattern across multiple consumers].

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 — NH UNFAIR, DECEPTIVE OR UNREASONABLE COLLECTION PRACTICES ACT (RSA 358-C)

5.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 4.3.

5.2. Defendants are "debt collectors" under RSA 358-C:1, I, engaged in collection of a "debt" as defined in RSA 358-C:1, III owed by a "debtor" as defined in RSA 358-C:1, II.

5.3. Defendants violated RSA 358-C:3 by engaging in unfair, deceptive, or unreasonable collection practices, including:

• RSA 358-C:3, II(a) — using or threatening force or violence to cause harm to the debtor or his property;
• RSA 358-C:3, II(b) — accusing or threatening to accuse the debtor of fraud or any crime;
• RSA 358-C:3, II(c) — using profane, obscene, or otherwise abusive language;
• RSA 358-C:3, II(d) — communicating with the debtor or any member of his family at frequent intervals or at unusual hours so as to be reasonably expected to abuse or harass the debtor;
• RSA 358-C:3, II(e) — using any written communication that fails to clearly identify the name of the debt collector, the name of the person to whom the debt is owed, and the debt collector's business address;
• RSA 358-C:3, II(f) — falsely representing that any communication is from any governmental agency or attorney;
• RSA 358-C:3, II(g) — communicating directly with the debtor after notification from an attorney or other authorized representative that all further communication should be addressed to the representative;
• RSA 358-C:3, II(h) — communicating any false information regarding the debtor's credit-worthiness with knowledge of its falsity;
• RSA 358-C:3, II(i) — communicating with the debtor's employer concerning the debt prior to obtaining a final judgment, except as expressly permitted.

5.4. Pursuant to RSA 358-C:2, any violation of RSA 358-C also constitutes an unfair or deceptive act or practice under RSA 358-A:2 — providing an independent and cumulative basis for liability.

5.5. Pursuant to RSA 358-C:4, Plaintiff is entitled to recover, for each violation, the greater of (a) actual damages or (b) $200, together with costs and reasonable attorney's fees.

6. COUNT III — NH CONSUMER PROTECTION ACT (RSA 358-A)

6.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.5.

6.2. Defendants are persons engaged in "trade or commerce" within New Hampshire as defined in RSA 358-A:1, I, II.

6.3. Defendants' acts and practices in attempting to collect the Debt constitute "unfair or deceptive act[s] or practice[s] in the conduct of any trade or commerce" prohibited by RSA 358-A:2. The conduct falls within the non-exclusive list of unlawful acts in RSA 358-A:2 and meets the "rascality" standard articulated in State v. Moran, 151 N.H. 450 (2004), and Roberts v. Gen. Motors Corp., 138 N.H. 532 (1994).

6.4. Violations of the FDCPA and RSA 358-C constitute per se violations of RSA 358-A:2 under RSA 358-C:2.

6.5. Defendants' violations were willful or knowing within the meaning of RSA 358-A:10, II.

6.6. As a direct and proximate result, Plaintiff has been injured.

6.7. Pursuant to RSA 358-A:10, Plaintiff is entitled to recover the greater of actual damages or $1,000, which the Court SHALL multiply by not less than two and as much as three for Defendants' willful or knowing violations, plus mandatory costs and reasonable attorney's fees, plus equitable relief including a permanent injunction.

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. RSA 358-C:4 damages of the greater of actual damages or $200 per violation.

7.4. RSA 358-A:10 enhanced compensatory damages — the greater of actual damages or $1,000, doubled or trebled by mandatory operation of the statute for willful or knowing conduct.

7.5. Equitable relief including a permanent injunction barring further unlawful collection conduct, available without bond under RSA 358-A:10.

7.6. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3), RSA 358-C:4, and RSA 358-A:10.

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. Damages of the greater of actual damages or $200 per violation under RSA 358-C:4;
• D. Enhanced damages of not less than two and as much as three times the greater of actual damages or $1,000 under RSA 358-A:10 for willful or knowing violations;
• E. Permanent injunctive relief under RSA 358-A:10 barring Defendants from further unlawful collection conduct;
• F. Reasonable attorney's fees and costs;
• G. Pre-judgment and post-judgment interest as allowed by law;
• H. 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 Part I, Article 20 of the New Hampshire Constitution.

10. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

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

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, NH ZIP]

Telephone: [________________]

Email: [________________]

11. NEW HAMPSHIRE PRACTICE NOTES

• No punitive damages. New Hampshire does not allow common-law punitive damages. Vratsenes v. N.H. Auto, Inc., 112 N.H. 71 (1972), and its progeny establish that NH recognizes only "enhanced compensatory damages" for wanton, malicious, or oppressive tort conduct. Statutory multipliers (such as the RSA 358-A:10 doubling/trebling) are NOT punitive — they are statutorily authorized compensatory enhancements. Do not plead a freestanding punitive count; it will be dismissed.
• Mandatory enhancement. RSA 358-A:10, II provides that for a willful or knowing violation the court "shall award as much as 3 times, but not less than 2 times" the greater of actual damages or $1,000. The two-times floor is mandatory upon a willfulness finding — not discretionary.
• No pre-suit demand under RSA 358-A. Unlike Massachusetts (M.G.L. c. 93A) or Maine (5 M.R.S. § 213), New Hampshire's Consumer Protection Act does not require a pre-suit written demand. However, sending a written demand strengthens the willfulness allegation and may resolve the dispute without litigation. Document any demand and Defendants' response (or non-response).
• Forum selection. The FDCPA grants concurrent jurisdiction (15 U.S.C. § 1692k(d)). Federal court (U.S. District Court for the District of New Hampshire, Concord) is often preferred for fee-shifting predictability and broader discovery; state Superior Court is appropriate where the RSA 358-A enhancement and equitable relief are central. Concurrent jurisdiction allows tactical choice.
• Per se RSA 358-A theory. RSA 358-C:2 expressly provides that violations of the NH debt-collection statute also constitute RSA 358-A unfair or deceptive practices, supplying a per se basis for the enhanced damages multiplier. Plead the FDCPA and RSA 358-C predicates.
• "Rascality" standard. Under Hughes v. DiSalvo, 143 N.H. 576 (1999), and Roberts v. Gen. Motors Corp., 138 N.H. 532 (1994), conduct must "attain a level of rascality that would raise an eyebrow of someone inured to the rough and tumble of the world of commerce." Drafting should describe egregious, deceptive, or oppressive conduct — not mere breach of contract.
• Notice to Attorney General. Under RSA 358-A:10, II, the clerk of court SHALL mail a copy of the complaint to the New Hampshire Attorney General within seven days of filing. Confirm clerk compliance and copy AG: Consumer Protection and Antitrust Bureau, NH Department of Justice, 1 Granite Place South, Concord, NH 03301.
• Statutes of limitations. FDCPA: 1 year from violation, 15 U.S.C. § 1692k(d). RSA 358-A: 3 years (RSA 508:4). RSA 358-C: not specified — apply RSA 508:4 general 3-year period.
• Bona fide error defense. Defendants may raise the bona fide error defense under 15 U.S.C. § 1692k(c). New Hampshire does not have an analogous defense in RSA 358-C; pleading specific facts of recklessness or willfulness is therefore particularly potent under state law.
• Attorney's fees mandatory. RSA 358-A:10 mandates ("shall") an award of costs and reasonable attorney's fees to a prevailing plaintiff. RSA 358-C:4 likewise. Document time contemporaneously and submit a Petition of Phinney–compliant fee petition (124 N.H. 798 (1984)).
• Class actions. RSA 358-A:10-a permits class actions on behalf of similarly situated NH consumers, with court-approved class-wide damages. 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)).
• Waiver void. Any contractual waiver of RSA 358-A:10 damages is "void and unenforceable" by statute. Reject any settlement language purporting to waive future § 358-A claims.

12. SOURCES AND REFERENCES

• 15 U.S.C. § 1692 et seq. (Fair Debt Collection Practices Act) — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• RSA 358-A (NH Consumer Protection Act) — https://gc.nh.gov/rsa/html/xxxi/358-a/358-a-mrg.htm
• RSA 358-A:10 (Private actions) — https://gc.nh.gov/rsa/html/xxxi/358-A/358-A-10.htm
• RSA 358-C (Unfair, Deceptive or Unreasonable Collection Practices Act) — https://gc.nh.gov/rsa/html/xxxi/358-c/358-c-mrg.htm
• RSA 508:4 (Limitation of personal actions) — https://gc.nh.gov/rsa/html/LI/508/508-4.htm
• Vratsenes v. N.H. Auto, Inc., 112 N.H. 71 (1972) (no common-law punitive damages)
• Roberts v. Gen. Motors Corp., 138 N.H. 532 (1994) (rascality standard under RSA 358-A)
• Hughes v. DiSalvo, 143 N.H. 576 (1999) (RSA 358-A elements)
• State v. Moran, 151 N.H. 450 (2004) (RSA 358-A scope)
• Petition of Phinney, 124 N.H. 798 (1984) (attorney's-fee petition standard)
• New Hampshire AG Consumer Protection and Antitrust Bureau — https://www.doj.nh.gov/citizens/consumer-protection-antitrust-bureau
• U.S. District Court for the District of New Hampshire — https://www.nhd.uscourts.gov/
• New Hampshire Judicial Branch — https://www.courts.nh.gov/
• 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 New Hampshire must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.