FDCPA Violation Complaint (Nevada)

FDCPA / NDTPA / NRS CHAPTER 649 COMPLAINT — NEVADA

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Violation of the FDCPA, 15 U.S.C. §§ 1692c, 1692d, 1692e, 1692f, 1692g
7. Count II — Nevada Deceptive Trade Practices Act (NRS 598.0915–598.0925; NRS 41.600)
8. Count III — Violation of NRS Chapter 649 (Collection Agencies)
9. Damages
10. Prayer for Relief
11. Demand for Trial by Jury
12. Signature Block
13. Verification
14. Certificate of Service
15. Nevada Practice Notes
16. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

Case No. [________________________________]

COMPLAINT FOR VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT, THE NEVADA DECEPTIVE TRADE PRACTICES ACT, AND NRS CHAPTER 649; DEMAND FOR JURY TRIAL

2. INTRODUCTION

2.1. This is a consumer-protection action arising out of Defendant's unlawful collection of an alleged debt against Plaintiff in violation of the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692–1692p, the Nevada Deceptive Trade Practices Act ("NDTPA"), NRS 598.0903 et seq., and the Nevada Collection Agency Act, NRS Chapter 649.

2.2. Plaintiff seeks actual damages, statutory damages, costs, attorney's fees, and equitable relief as expressly authorized by 15 U.S.C. § 1692k, NRS 41.600, and the common law of Nevada.

3. JURISDICTION AND VENUE

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

3.2. The Court has supplemental jurisdiction over the related state-law claims under 28 U.S.C. § 1367(a) because they form part of the same case or controversy.

3.3. Venue is proper in the District of Nevada under 28 U.S.C. § 1391(b) because Plaintiff resides in this District, the events giving rise to the claims occurred here, and Defendant transacts business here.

3.4. The amount in controversy and the relief sought satisfy the requirements for federal jurisdiction.

4. PARTIES

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

4.2. Defendant [DEFENDANT NAME] ("Defendant") is a [corporation / LLC / partnership] organized under the laws of [STATE] with its principal place of business at [ADDRESS], and is a "debt collector" as defined by 15 U.S.C. § 1692a(6) because it regularly collects, or attempts to collect, debts owed or due or asserted to be owed or due another, and/or its principal business is the collection of consumer debts.

4.3. Defendant is a "collection agency" as defined by NRS 649.020 and was, at all relevant times, [required to be / not duly] licensed under NRS 649.075 by the Nevada Financial Institutions Division.

4.4. The Doe Defendants 1–10 are persons or entities whose true names are presently unknown to Plaintiff and who participated in the unlawful conduct described herein. Plaintiff will seek leave to amend to substitute their true names when ascertained.

5. FACTUAL ALLEGATIONS

5.1. The alleged debt at issue (the "Alleged Debt") was incurred by Plaintiff, if at all, primarily for personal, family, or household purposes, and is therefore a "debt" within the meaning of 15 U.S.C. § 1692a(5).

5.2. On or about [DATE], Defendant began collection activity against Plaintiff regarding the Alleged Debt.

5.3. [Describe initial contact: letter / phone / email / text / credit-report tradeline. Attach copies as Exhibit A.]

5.4. [Describe the specific violations chronologically. Examples below — retain only those supported by facts.]

(a) Communications at unusual time/place (§ 1692c(a)(1)). On [DATE] at [TIME], Defendant called Plaintiff at [NUMBER] at a time Defendant knew or should have known was inconvenient (before 8:00 a.m. or after 9:00 p.m. local time).

(b) Communications at place of employment after notice (§ 1692c(a)(3)). On [DATE], Defendant contacted Plaintiff at Plaintiff's place of employment after Defendant had been told that the employer prohibits such contacts.

(c) Communication after representation by counsel (§ 1692c(a)(2)). On [DATE], Defendant communicated directly with Plaintiff after Defendant knew Plaintiff was represented by [ATTORNEY NAME].

(d) Third-party disclosure (§ 1692c(b)). On [DATE], Defendant disclosed the existence of the Alleged Debt to Plaintiff's [employer / family member / neighbor].

(e) Harassment / abuse (§ 1692d). Defendant placed [NUMBER] calls to Plaintiff between [DATE] and [DATE], including [NUMBER] calls in a single day, with the natural consequence of harassing or abusing Plaintiff (§ 1692d(5)). Defendant used obscene or profane language (§ 1692d(2)) on [DATE].

(f) False or misleading representations (§ 1692e). Defendant misrepresented the character, amount, or legal status of the Alleged Debt (§ 1692e(2)(A)); falsely threatened action that could not legally be taken or that Defendant did not intend to take (§ 1692e(5)); falsely implied affiliation with a court or governmental agency (§ 1692e(9)); and failed to disclose in its initial communication that it was a debt collector attempting to collect a debt (§ 1692e(11) — the so-called "mini-Miranda").

(g) Unfair practices (§ 1692f). Defendant attempted to collect amounts not authorized by the agreement creating the debt or permitted by law (§ 1692f(1)), including [interest / fees / collection costs of $____].

(h) Validation-notice violations (§ 1692g). Defendant's initial communication failed to provide the required validation notice within five days, and/or Defendant continued collection activity after Plaintiff timely disputed the Alleged Debt in writing on [DATE] without first ceasing collection and mailing verification (§ 1692g(b)).

5.5. Plaintiff [did / did not] previously send Defendant a written cease-communication request pursuant to 15 U.S.C. § 1692c(c) on [DATE]. Despite the request, Defendant continued to communicate with Plaintiff on [DATE(S)].

5.6. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered actual damages, including emotional distress, anxiety, sleeplessness, embarrassment, harm to reputation, lost time and wages, and out-of-pocket expenses.

5.7. [If applicable] Defendant is not, and was not at the times alleged, licensed as a collection agency by the State of Nevada as required by NRS 649.075. A search of the Nevada Financial Institutions Division's licensee database performed on [DATE] confirms Defendant's unlicensed status. (Exhibit [__].)

6. COUNT I — VIOLATION OF THE FDCPA, 15 U.S.C. §§ 1692c, 1692d, 1692e, 1692f, 1692g

6.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 5.7 as though fully set forth herein.

6.2. Plaintiff is a "consumer" and Defendant is a "debt collector" as defined by 15 U.S.C. § 1692a.

6.3. Defendant's acts and omissions described above violate, at a minimum, 15 U.S.C. §§ 1692c(a)(1), 1692c(a)(2), 1692c(a)(3), 1692c(b), 1692c(c), 1692d, 1692d(2), 1692d(5), 1692e, 1692e(2)(A), 1692e(5), 1692e(9), 1692e(10), 1692e(11), 1692f, 1692f(1), 1692g(a), and 1692g(b).

6.4. Defendant is liable under 15 U.S.C. § 1692k for actual damages, statutory damages of up to $1,000, and reasonable attorney's fees and costs.

6.5. The violations were not the result of a bona fide error within the meaning of 15 U.S.C. § 1692k(c).

7. COUNT II — NEVADA DECEPTIVE TRADE PRACTICES ACT (NRS 598.0915–598.0925; NRS 41.600)

7.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 6.5.

7.2. Defendant's conduct, in the course of its business, constitutes a "deceptive trade practice" under one or more of the following provisions:

• NRS 598.0915(15) (knowingly making false representations in a transaction);
• NRS 598.0915(5) (knowingly making false representations as to characteristics or benefits);
• NRS 598.0923(1)(b) (knowingly conducting business without all required state licenses);
• NRS 598.0923(1)(c) (violating a state or federal statute or regulation relating to the sale or lease of goods or services); and/or
• NRS 598.092 (knowingly misrepresenting the legal rights, obligations, or remedies of a party to a transaction).

7.3. Plaintiff is a "victim of consumer fraud" within the meaning of NRS 41.600(2)(e) and is entitled to recover, pursuant to NRS 41.600(3): (a) any damages sustained; (b) equitable relief the Court deems appropriate; and (c) costs and reasonable attorney's fees.

7.4. Defendant's conduct was knowing, willful, oppressive, fraudulent, and/or malicious within the meaning of NRS 42.005, justifying an award of punitive damages.

8. COUNT III — VIOLATION OF NRS CHAPTER 649 (COLLECTION AGENCIES)

8.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 7.4.

8.2. Defendant engaged in collection-agency activity in Nevada within the meaning of NRS 649.020 without [the required license under NRS 649.075 / compliance with the practices required by NRS 649.305 et seq.].

8.3. Defendant violated, inter alia, NRS 649.375, which prohibits collection agencies from:

• Collecting or attempting to collect any interest, fee, or charge in excess of the principal amount of the claim unless authorized by law or contract (NRS 649.375(2));
• Communicating with the debtor in a manner that harasses, intimidates, threatens, or embarrasses the debtor (NRS 649.375(4));
• Threatening to take action that the agency cannot legally take (NRS 649.375(8)); and
• Using any false, deceptive, or misleading representation in connection with the collection of any claim (NRS 649.375(11)).

8.4. Plaintiff has been harmed by Defendant's violations and is entitled to such damages and remedies as are available under Nevada law, including under NRS 41.600 by virtue of incorporation through NRS 598.0923(1)(c).

9. DAMAGES

9.1. Actual damages: emotional distress, embarrassment, lost time, lost wages, and out-of-pocket costs in an amount to be proven at trial.

9.2. Statutory damages under 15 U.S.C. § 1692k(a)(2)(A) of up to $1,000.

9.3. Punitive damages under NRS 41.600(3) and NRS 42.005, subject to applicable caps.

9.4. Costs and reasonable attorney's fees under 15 U.S.C. § 1692k(a)(3) and NRS 41.600(3)(c).

9.5. Equitable relief including an injunction prohibiting further collection of the Alleged Debt and requiring deletion of any related credit-reporting tradeline.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff's favor 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. Punitive damages under NRS 41.600(3) and NRS 42.005;
• D. A declaration that the Alleged Debt is invalid, uncollectable, or has been extinguished by Defendant's conduct;
• E. A permanent injunction prohibiting Defendant from further collection activity against Plaintiff and requiring deletion of any related credit-reporting tradeline;
• F. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and NRS 41.600(3)(c);
• G. Pre-judgment and post-judgment interest as allowed by law; and
• H. Such other and further relief as the Court deems just and proper.

11. 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(b).

12. SIGNATURE BLOCK

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Nevada State Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, NV ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. VERIFICATION

STATE OF NEVADA

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 of my own knowledge except as to those matters stated upon information and belief, and as to those matters, I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

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

[________________________________]

Notary Public

(My Commission Expires: [_______________])

14. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I electronically filed the foregoing COMPLAINT with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to all counsel of record. Service upon Defendant will be made by [summons and complaint served by registered process server / waiver of service under Fed. R. Civ. P. 4(d)].

[________________________________]

[ATTORNEY NAME]

15. NEVADA PRACTICE NOTES

• Forum selection. The District of Nevada is generally preferred for FDCPA actions because of well-developed Ninth Circuit precedent (Donohue v. Quick Collect, Inc., 592 F.3d 1027 (9th Cir. 2010); Tourgeman v. Collins Fin. Servs., Inc., 755 F.3d 1109 (9th Cir. 2014)). State-court filing in Nevada District Court (Eighth Judicial District for Clark County, Second Judicial District for Washoe County) is also permissible but invites removal.
• Statute of limitations. FDCPA: ONE (1) year per 15 U.S.C. § 1692k(d), measured from the date of each violation under Rotkiske v. Klemm, 140 S. Ct. 355 (2019). NDTPA via NRS 41.600: typically THREE (3) years under NRS 11.190(3)(a) (liability created by statute) — note that some Nevada decisions have applied four years for "consumer fraud," and the issue is unsettled; plead within three to be safe.
• Class certification. FDCPA class statutory damages are capped at the lesser of $500,000 or 1% of the debt collector's net worth (15 U.S.C. § 1692k(a)(2)(B)). NDTPA class actions are permitted under NRCP 23 but case law on certification is sparse.
• Licensing. Verify defendant's NV collection-agency license through the Nevada Financial Institutions Division at https://fid.nv.gov/. Unlicensed collection activity is a per se NDTPA violation under NRS 598.0923(1)(b).
• "Least sophisticated consumer" standard. The Ninth Circuit applies the "least sophisticated debtor" test to FDCPA § 1692e claims (Tourgeman, 755 F.3d at 1119). Plead the deception from that vantage point.
• Bona fide error defense. 15 U.S.C. § 1692k(c) shields collectors from liability for unintentional violations resulting from procedures reasonably adapted to avoid such errors. Anticipate this defense and plead facts inconsistent with it (e.g., repeated similar violations, prior notice).
• Attorney's fees. Both the FDCPA and NRS 41.600 mandate fees to a prevailing consumer. Maintain contemporaneous time records from intake forward.
• Counterclaims. Defendants frequently counterclaim for the underlying debt. Evaluate whether Plaintiff is judgment-proof and whether to include a declaratory-judgment count to extinguish the Alleged Debt.

16. SOURCES AND REFERENCES

• 15 U.S.C. §§ 1692–1692p (Fair Debt Collection Practices Act) — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• FTC, "Fair Debt Collection Practices Act" text — https://www.ftc.gov/legal-library/browse/rules/fair-debt-collection-practices-act-text
• CFPB, FDCPA Examination Procedures — https://files.consumerfinance.gov/f/documents/102012_cfpb_fair-debt-collections-practices-act-fdcpa_procedures.pdf
• NRS Chapter 41 — Actions and Proceedings — https://www.leg.state.nv.us/NRS/NRS-041.html
• NRS 41.600 (Actions by victims of fraud) — https://law.justia.com/codes/nevada/chapter-41/statute-41-600/
• NRS Chapter 598 — Deceptive Trade Practices — https://www.leg.state.nv.us/NRS/NRS-598.html
• NRS Chapter 649 — Collection Agencies — https://www.leg.state.nv.us/NRS/NRS-649.html
• Nevada Financial Institutions Division (collection-agency licensee search) — https://fid.nv.gov/
• Rotkiske v. Klemm, 140 S. Ct. 355 (2019) (FDCPA SOL accrual)
• Donohue v. Quick Collect, Inc., 592 F.3d 1027 (9th Cir. 2010) (least-sophisticated-debtor standard)
• Tourgeman v. Collins Fin. Servs., Inc., 755 F.3d 1109 (9th Cir. 2014)
• Nevada Attorney General — Bureau of Consumer Protection — https://ag.nv.gov/About/Consumer_Protection/Bureau_of_Consumer_Protection/

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