FDCPA Violation Complaint (Federal FDCPA + Ohio CSPA)

COMPLAINT — FDCPA + OHIO CONSUMER SALES PRACTICES ACT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. OCSPA Treble-Damages Predicate
7. Count I — Violations of the FDCPA
8. Count II — Violations of the Ohio Consumer Sales Practices Act
9. Damages
10. Prayer for Relief
11. Demand for Trial by Jury
12. Signature and Service Blocks
13. Ohio Practice Notes
14. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

[NORTHERN / SOUTHERN] DISTRICT OF OHIO

[EASTERN / WESTERN] DIVISION

CASE NO. [________________________________]

COMPLAINT FOR DAMAGES (FDCPA + OCSPA) — JURY TRIAL DEMANDED

2. INTRODUCTION

2.1. This is a consumer protection action arising under the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq., and the Ohio Consumer Sales Practices Act ("OCSPA"), Ohio Rev. Code § 1345.01 et seq.

2.2. Plaintiff alleges that Defendant(s), in connection with the collection of an alleged consumer debt, engaged in false, deceptive, harassing, and unfair conduct in violation of federal and Ohio law.

2.3. Plaintiff seeks actual damages, statutory damages, treble damages, rescission where appropriate, equitable relief, and reasonable attorney's fees and costs.

3. JURISDICTION AND VENUE

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

3.2. The Court has supplemental jurisdiction over the OCSPA claims pursuant to 28 U.S.C. § 1367(a) because the state-law claims arise from the same case or controversy as the federal claims.

3.3. 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 this District and/or Defendant(s) reside or transact business here.

4. PARTIES

4.1. Plaintiff [PLAINTIFF NAME] is a natural person and a "consumer" within the meaning of 15 U.S.C. § 1692a(3) and Ohio Rev. Code § 1345.01(D), residing in [COUNTY] County, Ohio.

4.2. Defendant [DEBT COLLECTOR ENTITY] is a [corporation/LLC] organized under the laws of [STATE] with its principal place of business at [ADDRESS], and is (i) a "debt collector" within the meaning of 15 U.S.C. § 1692a(6) because it regularly collects debts owed or due another and/or its principal purpose is the collection of debts, and (ii) a "supplier" within the meaning of Ohio Rev. Code § 1345.01(C) because it is engaged in the business of effecting or soliciting "consumer transactions" with consumers in Ohio.

4.3. Defendant [INDIVIDUAL COLLECTOR] is, on information and belief, a natural person employed by or acting on behalf of [DEBT COLLECTOR ENTITY] and is personally liable as a "debt collector" under the FDCPA and as a "supplier" under the OCSPA for the conduct alleged herein.

5. FACTUAL ALLEGATIONS

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

5.2. The collection of the Debt constitutes a "consumer transaction" within the meaning of Ohio Rev. Code § 1345.01(A). See Celebrezze v. United Research, Inc., 19 Ohio App. 3d 49, 482 N.E.2d 1260 (Cuyahoga 1984) (debt-collection activity reached by OCSPA); accord Liggins v. May Co., 44 Ohio Misc. 81 (1975); Brown v. Liberty Clubs, Inc., 45 Ohio St. 3d 191 (1989).

5.3. The original creditor of the Debt was [ORIGINAL CREDITOR], account number [ACCOUNT — last four digits].

5.4. On or about [DATE], Defendant(s) initiated communications with Plaintiff in connection with the collection of the Debt.

5.5. Specifically, Defendant(s) engaged in the following conduct (the "Collection Conduct"):

• [DESCRIBE — e.g., placed [number] telephone calls to Plaintiff's cell phone within [time period], including [number] calls after Plaintiff orally requested that Defendant cease calling];
• [DESCRIBE — e.g., contacted Plaintiff at her place of employment after being told that her employer prohibits such calls];
• [DESCRIBE — e.g., misrepresented the amount, character, or legal status of the Debt by stating [specific misrepresentation]];
• [DESCRIBE — e.g., threatened legal action that Defendant did not intend to take and could not lawfully take, including threats of arrest, wage garnishment without judgment, or criminal prosecution];
• [DESCRIBE — e.g., communicated with third parties (employer, family members, neighbors) regarding the Debt without Plaintiff's prior consent];
• [DESCRIBE — e.g., failed to send the written validation notice required by 15 U.S.C. § 1692g and 12 C.F.R. § 1006.34 within five days of the initial communication];
• [DESCRIBE — e.g., continued collection activity after Plaintiff disputed the Debt in writing within the 30-day validation period and before Defendant obtained verification];
• [DESCRIBE — e.g., reported the Debt to one or more consumer reporting agencies without indicating that the Debt was disputed];
• [DESCRIBE — e.g., used dunning forms or scripts that falsely implied a judgment had been entered or that legal proceedings had been or would imminently be commenced — see Celebrezze v. United Research].

5.6. As a direct result of the Collection Conduct, Plaintiff suffered actual damages including, but not limited to: actual economic damages (out-of-pocket costs for postage, telephone, copying, lost wages, fees), noneconomic damages (emotional distress, anxiety, embarrassment, sleep disturbance), and harm to credit reputation.

5.7. Defendant(s) acted intentionally, willfully, knowingly, or with reckless disregard for Plaintiff's rights under federal and Ohio law.

6. OCSPA TREBLE-DAMAGES PREDICATE

6.1. Plaintiff invokes the treble-damages remedy of Ohio Rev. Code § 1345.09(B). The conduct described in Section 5 had been declared deceptive, unconscionable, or otherwise violative of Ohio Rev. Code § 1345.02, § 1345.03, or § 1345.031 PRIOR to the Collection Conduct, by one or more of the following:

• ☐ Ohio Adm. Code 109:4-3-11 (Substantiation of claims, prohibitions in debt collection — adopted under Ohio Rev. Code § 1345.05(B)(2)) and effective before the Collection Conduct;
• ☐ Ohio Adm. Code 109:4-3- [other applicable subsection] ;
• ☐ PIF / OPIF Case No. [CASE NUMBER] , [CASE CAPTION] (filed/decided [DATE] ), finding that conduct of the type alleged here violates Ohio Rev. Code § 1345.02 and/or § 1345.03; and/or
• ☐ Other rule or decision: [CITATION].

6.2. Each of the predicates identified in Paragraph 6.1 was adopted, decided, or made available for public inspection prior to the Collection Conduct. Defendant(s) had constructive (and, on information and belief, actual) knowledge of each predicate.

6.3. The Collection Conduct constitutes the "same" or substantially similar acts or practices as those condemned in the predicate(s) cited.

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

7.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.7.

7.2. Defendant(s)' Collection Conduct violated, inter alia, the following provisions of the FDCPA:

• 15 U.S.C. § 1692c(a)–(c) — Communications at unusual times or places, after refusal to pay, or with represented consumer;
• 15 U.S.C. § 1692c(b) — Communications with third parties without consent;
• 15 U.S.C. § 1692d — Harassing, oppressive, or abusive conduct, including repeated or continuous telephone calls;
• 15 U.S.C. § 1692e — False, deceptive, or misleading representations, including false representation of the character, amount, or legal status of the debt and threats of action that cannot legally be taken;
• 15 U.S.C. § 1692f — Unfair or unconscionable means to collect or attempt to collect;
• 15 U.S.C. § 1692g(a)–(b) — Failure to provide validation notice and continued collection during the dispute period;
• 12 C.F.R. § 1006.34 — Regulation F validation-notice content requirements.

7.3. Pursuant to 15 U.S.C. § 1692k, Plaintiff is entitled to actual damages, statutory damages of up to $1,000.00 per Plaintiff in this individual action, and reasonable attorney's fees and costs.

8. COUNT II — VIOLATIONS OF THE OHIO CONSUMER SALES PRACTICES ACT (Ohio Rev. Code § 1345.01 et seq.)

8.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 6.3.

8.2. Defendant(s) engaged in "consumer transactions" within the meaning of Ohio Rev. Code § 1345.01(A) by attempting to collect from Plaintiff a debt incurred for personal, family, or household purposes, and Defendant(s) are "suppliers" within the meaning of § 1345.01(C).

8.3. The Collection Conduct constitutes "unfair or deceptive acts or practices in connection with a consumer transaction" in violation of Ohio Rev. Code § 1345.02, including without limitation:

• Misrepresentations of the character, amount, status, or legal consequences of the alleged debt;
• Threats of action that Defendant(s) did not intend to take or could not lawfully take;
• Use of forms or scripts that imply a judgment, garnishment, or other legal process where none exists, in the manner condemned in Celebrezze v. United Research, Inc., supra;
• Failure to substantiate claims required to be substantiated under Ohio Adm. Code 109:4-3-11 and related rules;
• Acts or practices declared unfair, deceptive, or unconscionable by the Ohio Attorney General by rule under Ohio Rev. Code § 1345.05(B)(2).

8.4. The Collection Conduct also constitutes "unconscionable acts or practices" within the meaning of Ohio Rev. Code § 1345.03, having regard to the factors set forth in § 1345.03(B), including knowledge by Defendant(s) of Plaintiff's inability to receive a substantial benefit from the transaction; gross disparity between the value received and the consideration paid; and Defendant(s)' knowledge that the statement of opinion or fact made was substantially likely to be misunderstood.

8.5. Pursuant to Ohio Rev. Code § 1345.09(A), Plaintiff is entitled to rescind the transaction (where applicable) and to recover Plaintiff's actual economic damages plus an amount not exceeding $5,000.00 in noneconomic damages.

8.6. Pursuant to Ohio Rev. Code § 1345.09(B), and based on the predicate rule(s) and PIF/OPIF decision(s) cited in Section 6, Plaintiff is entitled, in this individual (non-class) action, to rescind or to recover three times the amount of Plaintiff's actual economic damages or two hundred dollars ($200), whichever is greater, plus an amount not exceeding $5,000.00 in noneconomic damages.

8.7. Pursuant to Ohio Rev. Code § 1345.09(F), the Court may award Plaintiff reasonable attorney's fees because Defendant(s) knowingly committed an act or practice that violates the OCSPA.

9. DAMAGES

9.1. Actual economic damages including out-of-pocket expenses, lost wages, and harm to credit reputation, in an amount to be proven at trial.

9.2. Noneconomic damages under Ohio Rev. Code § 1345.09(A) up to $5,000.00, including emotional distress, anxiety, sleep disturbance, and embarrassment.

9.3. Statutory damages of up to $1,000.00 under 15 U.S.C. § 1692k(a)(2)(A).

9.4. Treble damages or $200 floor under Ohio Rev. Code § 1345.09(B), based on the qualifying predicate rule(s) and PIF/OPIF decision(s) pleaded in Section 6.

9.5. Rescission of any underlying agreement or settlement secured by the Collection Conduct, where applicable.

9.6. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and Ohio Rev. Code § 1345.09(F).

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands:

• A. Judgment against Defendant(s), jointly and severally, for actual economic damages and noneconomic damages in an amount to be determined by a jury;
• B. Statutory damages of $1,000.00 per Plaintiff under 15 U.S.C. § 1692k(a)(2)(A);
• C. Treble damages or the $200 statutory floor under Ohio Rev. Code § 1345.09(B), whichever is greater, plus up to $5,000.00 in noneconomic damages;
• D. Rescission of any underlying agreement or settlement, where applicable;
• E. Equitable and injunctive relief, including an order enjoining Defendant(s) from further violations;
• F. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and Ohio Rev. Code § 1345.09(F);
• G. Pre-judgment and post-judgment interest as allowed by law;
• 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 Federal Rule of Civil Procedure 38(b) and the Seventh Amendment to the United States Constitution.

12. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Ohio Sup. Ct. Reg. No. [______]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, OH ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. OHIO PRACTICE NOTES

• OCSPA treble damages require a prior rule or PIF/OPIF decision. Ohio Rev. Code § 1345.09(B) is unique among UDAP statutes: treble damages and the $200 statutory floor are unlocked only when the conduct had been declared deceptive or unconscionable BEFORE the consumer transaction, either by an AG rule under § 1345.05(B)(2) or by an Ohio court decision in the OAG's Public Inspection File (now OPIF, https://opif.ohioattorneygeneral.gov/). Without that predicate, § 1345.09(A) governs: actual economic damages plus up to $5,000 noneconomic, with fees discretionary on a knowing-violation finding under § 1345.09(F). Always plead the specific OAC rule or PIF/OPIF case number.
• Debt collection is a "consumer transaction." Celebrezze v. United Research, Inc., 19 Ohio App. 3d 49 (1984), and a long line of OAG enforcement actions confirm that third-party debt collection activity in connection with a consumer debt falls within Ohio Rev. Code § 1345.01. Numerous OAC rules at 109:4-3-11 et seq. specifically address debt-collection acts and practices.
• Statute of limitations. OCSPA: two years from the violation, or, for rescission, a reasonable time after discovery (Ohio Rev. Code § 1345.10(C)). FDCPA: one year from the violation (15 U.S.C. § 1692k(d)). Calendar both deadlines independently.
• Cure-offer regime under § 1345.092. A supplier may serve a written cure offer within 30 days of service of process. If the consumer rejects the offer and the trier of fact does not award an amount greater than the offer, the consumer cannot recover treble damages, attorney's fees, or court costs incurred after the rejection. Counsel must analyze any cure offer carefully and document any rejection in writing.
• Class action limitations. Treble damages and the $200 floor under § 1345.09(B) are NOT available in a class action; class members may recover only actual damages. § 1345.09(B). Marrone v. Philip Morris USA, Inc., 110 Ohio St. 3d 5 (2006), further requires that the prior-rule/PIF predicate apply on a class-wide basis, narrowing class certification.
• Knowing-violation attorney's fees. § 1345.09(F)(2) authorizes fees against a supplier who "knowingly" committed an OCSPA violation; "knowingly" requires awareness of the conduct, not awareness that it was unlawful. Einhorn v. Ford Motor Co., 48 Ohio St. 3d 27 (1990).
• FDCPA limitations period is shorter. Confirm filing date against the earliest actionable communication; older violations may be barred under the "discrete violation" rule (Rotkiske v. Klemm, 589 U.S. 8 (2019)).
• Debt-collection registration / licensing. Ohio does not currently impose a comprehensive third-party debt-collector licensing scheme (compare California, Texas, New York). Out-of-state collection agencies operating in Ohio remain subject to the FDCPA and the OCSPA. Some collector activities (e.g., small loans) trigger Ohio Department of Commerce, Division of Financial Institutions licensing under Ohio Rev. Code Chapter 1321.
• Concurrent jurisdiction. FDCPA claims may be filed in Ohio common pleas, municipal, or county courts (concurrent jurisdiction) or in U.S. District Court. Federal court is typical given § 1331 jurisdiction; state court is appropriate where amount in controversy is modest or where local rules favor consumer recovery. Defendant may remove from state court under 28 U.S.C. § 1441.
• Damages cap on noneconomic. OCSPA noneconomic damages are capped at $5,000 per § 1345.09(A) and (B). FDCPA actual damages have no cap. Plead both for maximum recovery.
• Personal liability of individual collectors. Both the FDCPA and the OCSPA reach individual collectors who personally engaged in the conduct. Plead individual defendants where their identity is known or can be developed in discovery.

14. SOURCES AND REFERENCES

• 15 U.S.C. § 1692 et seq. (FDCPA) — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• 15 U.S.C. § 1692g (Validation of debts) — https://www.law.cornell.edu/uscode/text/15/1692g
• 15 U.S.C. § 1692k (Civil liability) — https://www.law.cornell.edu/uscode/text/15/1692k
• 12 C.F.R. § 1006.34 (CFPB Regulation F) — https://www.consumerfinance.gov/rules-policy/regulations/1006/34/
• Ohio Rev. Code § 1345.01 — https://codes.ohio.gov/ohio-revised-code/section-1345.01
• Ohio Rev. Code § 1345.02 — https://codes.ohio.gov/ohio-revised-code/section-1345.02
• Ohio Rev. Code § 1345.03 — https://codes.ohio.gov/ohio-revised-code/section-1345.03
• Ohio Rev. Code § 1345.05 (AG rules; PIF) — https://codes.ohio.gov/ohio-revised-code/section-1345.05
• Ohio Rev. Code § 1345.09 (Private remedies) — https://codes.ohio.gov/ohio-revised-code/section-1345.09
• Ohio Rev. Code § 1345.092 (Cure offer) — https://codes.ohio.gov/ohio-revised-code/section-1345.092
• Ohio Rev. Code § 1345.10 (Limitations) — https://codes.ohio.gov/ohio-revised-code/section-1345.10
• Ohio Adm. Code 109:4-3-11 et seq. (Debt collection rules) — https://codes.ohio.gov/ohio-administrative-code/rule-109:4-3-11
• Ohio AG Online Public Inspection File (OPIF) — https://opif.ohioattorneygeneral.gov/
• Celebrezze v. United Research, Inc., 19 Ohio App. 3d 49, 482 N.E.2d 1260 (Cuyahoga 1984)
• Marrone v. Philip Morris USA, Inc., 110 Ohio St. 3d 5, 850 N.E.2d 31 (2006)
• Einhorn v. Ford Motor Co., 48 Ohio St. 3d 27, 548 N.E.2d 933 (1990)
• Rotkiske v. Klemm, 589 U.S. 8 (2019)
• Ohio AG Consumer Sales Practices Act guide — https://www.ohioattorneygeneral.gov/Files/Publications-Files/Publications-for-Business/Consumer-Sales-Practices-Act-(PDF).aspx

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