FDCPA Violation Complaint with NJCFA Counts (New Jersey)

COMPLAINT — FDCPA AND NEW JERSEY CONSUMER FRAUD ACT VIOLATIONS

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. § 1692e
7. Count II — Violations of the FDCPA, 15 U.S.C. § 1692f
8. Count III — Violations of the FDCPA, 15 U.S.C. § 1692g
9. Count IV — New Jersey Consumer Fraud Act (Treble Damages)
10. Damages and Relief
11. Prayer for Relief
12. Demand for Trial by Jury
13. Signature, Verification, and Certificate of Service
14. New Jersey Practice Notes
15. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

[NEWARK / TRENTON / CAMDEN] VICINAGE

CIVIL ACTION NO. [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

2. INTRODUCTION

1. This is an action for actual and statutory damages, treble damages, attorneys' fees, and costs brought by Plaintiff [PLAINTIFF NAME] against Defendant [DEBT COLLECTOR NAME] for violations of the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p ("FDCPA"), and the New Jersey Consumer Fraud Act, N.J.S.A. § 56:8-1 et seq. ("NJCFA").

2. Congress enacted the FDCPA "to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses." 15 U.S.C. § 1692(e).

3. The NJCFA is among the most consumer-protective statutes in the nation, providing for mandatory treble damages, mandatory reasonable attorneys' fees, filing fees, and reasonable costs of suit to prevailing plaintiffs. N.J.S.A. § 56:8-19.

3. JURISDICTION AND VENUE

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

5. This Court has supplemental jurisdiction over the NJCFA claims pursuant to 28 U.S.C. § 1367 because they arise from the same case or controversy.

6. 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, New Jersey, and Plaintiff resides in this District.

4. PARTIES

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

8. Defendant [DEBT COLLECTOR NAME] is a [corporation / LLC / partnership] organized under the laws of [STATE] with a 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" within the meaning of 15 U.S.C. § 1692a(6).

9. Defendants John Does 1-10 are fictitious individuals or entities whose true identities are presently unknown to Plaintiff but who participated in the unlawful conduct alleged herein.

5. FACTUAL ALLEGATIONS

10. On or about [DATE], Plaintiff allegedly incurred a financial obligation to [ORIGINAL CREDITOR] in connection with the purchase of [GOODS / SERVICES] primarily for personal, family, or household purposes (the "Alleged Debt"). The Alleged Debt is a "debt" as defined by 15 U.S.C. § 1692a(5).

11. The Alleged Debt was thereafter consigned, placed, sold, or otherwise transferred to Defendant for collection.

12. On or about [DATE], Defendant initiated communications with Plaintiff regarding the Alleged Debt by [PHONE / LETTER / EMAIL / TEXT].

13. [Describe each violative communication with date, medium, and quoted language. Examples follow — replace with case-specific facts.]

a. On [DATE], Defendant called Plaintiff at [PHONE NUMBER] at approximately [TIME] and stated: "[QUOTE]." This statement was false because [EXPLAIN].

b. On [DATE], Defendant sent Plaintiff a written communication (attached as Exhibit A) which [falsely represented the character, amount, or legal status of the Alleged Debt / threatened action that could not legally be taken / failed to include required disclosures].

c. On [DATE], Defendant [contacted Plaintiff after written cease-communication request / contacted Plaintiff at place of employment after notice / contacted third parties about the debt without authorization].

14. Defendant failed to send Plaintiff a written validation notice within five (5) days of the initial communication that satisfied the requirements of 15 U.S.C. § 1692g(a). [OR: The validation notice that was sent was deficient because (specify).]

15. Within thirty (30) days of receiving Defendant's initial communication, on [DATE], Plaintiff disputed the Alleged Debt in writing (attached as Exhibit B). Defendant nonetheless continued collection activity without first obtaining and mailing verification, in violation of 15 U.S.C. § 1692g(b).

16. As a direct and proximate result of Defendant's conduct, Plaintiff suffered actual harm including emotional distress, anxiety, lost time from work, fees paid in attempts to resolve the matter, and damage to creditworthiness, in an amount of $[AMOUNT] (the "Ascertainable Loss").

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

17. Plaintiff realleges and incorporates Paragraphs 1 through 16.

18. Defendant violated 15 U.S.C. § 1692e by using false, deceptive, or misleading representations or means in connection with the collection of the Alleged Debt, including without limitation:

a. False representation of the character, amount, or legal status of the Alleged Debt (§ 1692e(2)(A));

b. Threatening to take action that cannot legally be taken or that was not intended to be taken (§ 1692e(5));

c. Use of false representation or deceptive means to collect or attempt to collect the debt (§ 1692e(10));

d. Failure to disclose in subsequent communications that the communication is from a debt collector (§ 1692e(11)).

19. As a result, Plaintiff is entitled to actual damages, statutory damages of up to $1,000 per 15 U.S.C. § 1692k(a)(2)(A), and reasonable attorneys' fees and costs per § 1692k(a)(3).

7. COUNT II — VIOLATIONS OF THE FDCPA, 15 U.S.C. § 1692f

20. Plaintiff realleges and incorporates Paragraphs 1 through 19.

21. Defendant violated 15 U.S.C. § 1692f by using unfair or unconscionable means to collect or attempt to collect the Alleged Debt, including:

a. Collecting amounts not expressly authorized by the agreement creating the debt or permitted by law (§ 1692f(1));

b. [Other § 1692f sub-violations as applicable].

22. Plaintiff is entitled to the remedies set forth in 15 U.S.C. § 1692k.

8. COUNT III — VIOLATIONS OF THE FDCPA, 15 U.S.C. § 1692g

23. Plaintiff realleges and incorporates Paragraphs 1 through 22.

24. Defendant violated 15 U.S.C. § 1692g by [failing to send a written validation notice within five days / sending a deficient validation notice / continuing collection activity after written dispute without first mailing verification].

25. Plaintiff is entitled to the remedies set forth in 15 U.S.C. § 1692k.

9. COUNT IV — NEW JERSEY CONSUMER FRAUD ACT (TREBLE DAMAGES)

26. Plaintiff realleges and incorporates Paragraphs 1 through 25.

27. The NJCFA, N.J.S.A. § 56:8-2, declares unlawful "[t]he act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise or real estate, or with the subsequent performance of such person as aforesaid . . . ."

28. The Alleged Debt arose out of the sale of [merchandise / services] subject to the NJCFA.

29. Defendant engaged in unlawful practices under the NJCFA by, among other things, [misrepresenting the amount or legal status of the Alleged Debt; collecting or attempting to collect amounts not legally owed; deceptive collection practices].

30. Plaintiff suffered an ascertainable loss in the amount of $[AMOUNT], consisting of [paid amounts not owed, inflated balance, fees, costs of disputing, etc.], which is quantifiable and measurable as required by Cox v. Sears Roebuck & Co., 138 N.J. 2 (1994), and its progeny.

31. There is a causal nexus between Defendant's unlawful practices and Plaintiff's ascertainable loss.

32. Pursuant to N.J.S.A. § 56:8-19, Plaintiff is entitled to:

a. Threefold (treble) the ascertainable loss — MANDATORY;

b. Reasonable attorneys' fees — MANDATORY;

c. Filing fees — MANDATORY;

d. Reasonable costs of suit — MANDATORY.

10. DAMAGES AND RELIEF

33. As a result of Defendants' conduct, Plaintiff has sustained:

a. Actual damages including emotional distress, anxiety, humiliation, and lost time;

b. Out-of-pocket losses of $[AMOUNT];

c. Damage to credit and creditworthiness;

d. Statutory damages under FDCPA;

e. Trebled damages under NJCFA;

f. Attorneys' fees and costs.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

• A. Actual damages pursuant to 15 U.S.C. § 1692k(a)(1) in an amount to be determined at trial;
• B. Statutory damages pursuant to 15 U.S.C. § 1692k(a)(2)(A) in the amount of $1,000.00;
• C. Compensatory damages and threefold (treble) the ascertainable loss pursuant to N.J.S.A. § 56:8-19;
• D. Reasonable attorneys' fees, filing fees, and costs of suit pursuant to 15 U.S.C. § 1692k(a)(3) and N.J.S.A. § 56:8-19;
• E. Pre-judgment and post-judgment interest as allowed by law;
• F. A declaration that Defendant's conduct violated the FDCPA and the NJCFA;
• G. Such other relief as the Court deems just and proper.

12. 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) [or N.J. Court Rule 4:35-1 if filed in state court].

13. SIGNATURE, VERIFICATION, AND CERTIFICATE OF SERVICE

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Esq.

NJ Attorney ID No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, NJ ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

Verification (if filed in NJ Superior Court — recommended for NJCFA verified pleading)

STATE OF NEW JERSEY

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being of full age, hereby certify that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint; and that the statements contained therein are 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. I further certify that the matter in controversy is not the subject of any other action pending in any court or of a pending arbitration proceeding, nor is any such action or arbitration proceeding contemplated, and no other parties should be joined in the present action, except as set forth herein. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

[________________________________]

[PLAINTIFF NAME]

Date: [__/__/____]

Certificate of Service

I hereby certify that on the [____] day of [_______________], 20[____], I caused a copy of the foregoing Complaint to be served upon Defendant by [method per Fed. R. Civ. P. 4 or R. 4:4-3] at the following address:

[DEFENDANT'S SERVICE ADDRESS]

[________________________________]

[ATTORNEY NAME], Esq.

14. NEW JERSEY PRACTICE NOTES

• NJCFA mandatory remedies. N.J.S.A. § 56:8-19 makes treble damages, attorneys' fees, filing fees, and costs mandatory upon proof of (i) unlawful practice, (ii) ascertainable loss, and (iii) causal nexus. Furst v. Einstein Moomjy, Inc., 182 N.J. 1 (2004).
• Ascertainable loss — Cox v. Sears. Cox v. Sears Roebuck & Co., 138 N.J. 2 (1994), holds that an improperly created debt or lien constitutes an ascertainable loss even before payment. The loss must nonetheless be quantifiable and measurable, not speculative. Thiedemann v. Mercedes-Benz USA, LLC, 183 N.J. 234 (2005).
• Pleading specificity. NJCFA fraud-based claims invoke heightened pleading akin to F.R.C.P. 9(b) / R. 4:5-8(a) for the misrepresentation theory. Unconscionable commercial practice claims are pled under standard notice pleading.
• NJCFA scope and debt collection. While NJCFA primarily targets sale of merchandise/services, post-sale conduct (including improper collection of inflated or fictitious debts arising from a consumer transaction) is actionable. See Cox. Confirm the underlying debt arose from a covered consumer transaction.
• FDCPA statute of limitations. One (1) year from violation. 15 U.S.C. § 1692k(d).
• NJCFA statute of limitations. Six (6) years. N.J.S.A. § 2A:14-1.
• Bona fide error defense. FDCPA § 1692k(c) provides a narrow defense for unintentional clerical errors despite procedures reasonably adapted to avoid the error. Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 559 U.S. 573 (2010), held the defense does not extend to mistakes of law.
• Forum considerations. District of New Jersey (Newark, Trenton, Camden vicinages) handles a heavy FDCPA docket. Filing in federal court permits supplemental NJCFA jurisdiction. Filing in NJ Superior Court (Law Division) avoids removal risk and allows verified pleading.
• Class action potential. If the conduct affects similarly situated consumers, consider Rule 23 / R. 4:32 class certification. Statutory damages under FDCPA in class actions are capped at the lesser of $500,000 or 1% of net worth (15 U.S.C. § 1692k(a)(2)(B)).
• Confidential personal identifiers. R. 1:38-7 and Fed. R. Civ. P. 5.2 require redaction of SSN, account numbers, etc. Use last-4 conventions.

15. SOURCES AND REFERENCES

• 15 U.S.C. §§ 1692-1692p (FDCPA) — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• 15 U.S.C. § 1692g — https://www.law.cornell.edu/uscode/text/15/1692g
• N.J.S.A. § 56:8-1 et seq. (NJCFA) — https://www.njconsumeraffairs.gov/statutes/consumer-fraud-act.pdf
• N.J.S.A. § 56:8-19 (treble damages and attorneys' fees) — https://law.justia.com/codes/new-jersey/title-56/section-56-8-19/
• Cox v. Sears Roebuck & Co., 138 N.J. 2 (1994)
• Furst v. Einstein Moomjy, Inc., 182 N.J. 1 (2004)
• Thiedemann v. Mercedes-Benz USA, LLC, 183 N.J. 234 (2005)
• Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 559 U.S. 573 (2010)
• New Jersey Division of Consumer Affairs — https://www.njconsumeraffairs.gov/
• CFPB FDCPA Examination Procedures — https://files.consumerfinance.gov/f/documents/102012_cfpb_fair-debt-collections-practices-act-fdcpa_procedures.pdf
• N.J. Court Rules — https://www.njcourts.gov/courts/superior/rules
• Model Civil Jury Charge 4.43 (NJCFA) — https://www.njcourts.gov/sites/default/files/charges/4.43.pdf

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in New Jersey must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.