FDCPA Violation Complaint - Oklahoma

COMPLAINT FOR VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT AND OKLAHOMA LAW

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. Count II — Violations of the Oklahoma Consumer Protection Act
8. Count III — Violations of the Oklahoma Uniform Consumer Credit Code
9. Prayer for Relief
10. Demand for Jury Trial
11. Signature and Service Blocks
12. Certificate of Service
13. Oklahoma Practice Notes
14. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

[NORTHERN / EASTERN / WESTERN] DISTRICT OF OKLAHOMA

Case No. [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

2. INTRODUCTION

1. This is a consumer-protection action brought under the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692-1692p, the Oklahoma Consumer Protection Act ("OCPA"), 15 O.S. §§ 751-763, and the Oklahoma Uniform Consumer Credit Code ("OUCCC"), 14A O.S. §§ 1-101 et seq., to redress Defendant's abusive, deceptive, and unfair debt-collection practices directed at Plaintiff, an Oklahoma consumer.

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 Oklahoma Legislature enacted the OCPA to protect consumers from "unlawful practices" in connection with consumer transactions. 15 O.S. § 753. The Oklahoma Supreme Court has held that the OCPA applies to consumer transactions and that deceptive collection conduct in connection with such transactions is actionable. Patterson v. Beall, 2000 OK 92, 19 P.3d 839.

4. Plaintiff seeks actual damages, statutory damages, civil penalties, costs, and reasonable attorney's fees, together with such other relief as the Court deems just and proper.

3. JURISDICTION AND VENUE

3.1. This Court has federal-question jurisdiction over Count I pursuant to 28 U.S.C. § 1331 and 15 U.S.C. § 1692k(d).

3.2. The Court has supplemental jurisdiction over the Oklahoma state-law claims (Counts II and III) pursuant to 28 U.S.C. § 1367(a) because they form part of the same case or controversy.

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 within this District, and Plaintiff resides in [COUNTY] County, Oklahoma.

4. PARTIES

4.1. Plaintiff [PLAINTIFF NAME] is a natural person residing in [COUNTY] County, Oklahoma, and is a "consumer" as defined by 15 U.S.C. § 1692a(3) and a "consumer" engaged in a "consumer transaction" within the meaning of 15 O.S. § 752.

4.2. Defendant [DEBT COLLECTOR NAME] is a [corporation / LLC] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. Defendant regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due to another, and is therefore a "debt collector" as defined by 15 U.S.C. § 1692a(6). Defendant is also a "person" engaged in trade or commerce within the meaning of 15 O.S. § 752.

4.3. [Optional] Defendant [CREDITOR / DEBT BUYER] is a [corporation / LLC] that [purchases / owns] the alleged debt at issue and uses Defendant [DEBT COLLECTOR] to collect it. To the extent Defendant [CREDITOR] is a "creditor" or "debt buyer" subject to the OUCCC, it is bound by the limitations on creditor remedies in 14A O.S. § 5-107 et seq.

5. FACTUAL ALLEGATIONS

5.1. The alleged debt at issue is a "debt" within the meaning of 15 U.S.C. § 1692a(5) because it arises from a transaction in which the money, property, or services that were the subject of the transaction were primarily for personal, family, or household purposes (the "Alleged Debt"). The underlying transaction is a "consumer transaction" within the meaning of 15 O.S. § 752.

5.2. On or about [DATE], Defendant [DEBT COLLECTOR] first communicated with Plaintiff regarding the Alleged Debt by [telephone / letter / email / text].

5.3. [DESCRIBE EACH COMMUNICATION OR ACT — e.g., calls before 8:00 a.m. or after 9:00 p.m.; calls to Plaintiff's workplace after notice not to call; misrepresentation of debt amount; threats of arrest, garnishment, or legal action that could not lawfully be taken; failure to send the § 1692g(a) validation notice within five days; continued collection activity after written dispute; communication with third parties; use of false names; reporting disputed debt to credit bureaus without disclosing the dispute].

5.4. [DATE] — Plaintiff sent Defendant a written debt-validation request and dispute pursuant to 15 U.S.C. § 1692g(b). A true and correct copy is attached as Exhibit A.

5.5. Despite the dispute, Defendant [failed to cease collection / failed to provide verification / continued to call / sued without verification] as required by 15 U.S.C. § 1692g(b).

5.6. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered [describe injury — emotional distress, anxiety, sleeplessness, lost wages, attorney consultation fees, damaged credit reputation, and out-of-pocket expenses].

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

6.1. Plaintiff realleges and incorporates Paragraphs 1 through 5.6.

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

• 15 U.S.C. § 1692c(a)(1) — communicating with Plaintiff at unusual or inconvenient times or places;
• 15 U.S.C. § 1692c(b) — communicating with third parties about the Alleged Debt without authorization;
• 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 misrepresentation of the character, amount, or legal status of the Alleged Debt (§ 1692e(2)(A)) and threats to take action that cannot legally be taken (§ 1692e(5));
• 15 U.S.C. § 1692f — using unfair or unconscionable means to collect the Alleged Debt;
• 15 U.S.C. § 1692g(a) — failing to provide the required validation notice within five days of the initial communication;
• 15 U.S.C. § 1692g(b) — failing to cease collection upon written dispute and to provide verification.

6.3. Defendant's violations were [knowing and intentional / not the result of a bona fide error].

6.4. Pursuant to 15 U.S.C. § 1692k, Plaintiff is entitled to actual damages, additional statutory damages of up to $1,000, and reasonable attorney's fees and costs.

7. COUNT II — VIOLATIONS OF THE OKLAHOMA CONSUMER PROTECTION ACT

7.1. Plaintiff realleges and incorporates Paragraphs 1 through 6.4.

7.2. The collection of consumer debt arising from a consumer transaction is within the scope of the OCPA. Patterson v. Beall, 2000 OK 92, 19 P.3d 839; 15 O.S. §§ 752-753. The Alleged Debt arises from a consumer transaction.

7.3. Defendant engaged in "unlawful practices" prohibited by 15 O.S. § 753, including but not limited to:

• Making false or misleading representations regarding the character, extent, or amount of the Alleged Debt;
• Misrepresenting Defendant's authority to collect the Alleged Debt;
• Threatening action that could not legally be taken or was not actually intended to be taken;
• Engaging in unconscionable conduct, including use of high-pressure or oppressive collection tactics directed at a consumer.

7.4. Defendant's conduct was unconscionable within the meaning of 15 O.S. § 761.1(B), in that Defendant took advantage of Plaintiff's inability reasonably to protect his/her interests, and the gross disparity between the amount sought and the value, if any, of the Alleged Debt was so great as to shock the conscience.

7.5. Plaintiff has suffered actual damages as a direct and proximate result of Defendant's unlawful and unconscionable practices, including [out-of-pocket payments / fees / time / lost wages] in the amount of approximately $[AMOUNT].

7.6. Pursuant to 15 O.S. § 761.1(A), Plaintiff is entitled to recover actual damages and reasonable attorney's fees and costs. Pursuant to 15 O.S. § 761.1(B), because Defendant's conduct was unconscionable, Plaintiff is further entitled to a civil penalty not to exceed $2,000 per violation.

8. COUNT III — VIOLATIONS OF THE OKLAHOMA UNIFORM CONSUMER CREDIT CODE

8.1. Plaintiff realleges and incorporates Paragraphs 1 through 7.6.

8.2. To the extent the Alleged Debt arises from a "consumer credit sale," "consumer lease," or "consumer loan" as defined by 14A O.S. §§ 1-301, 2-104, 2-106, and 3-104, Defendant's conduct is governed by the OUCCC's limitations on creditors' remedies (14A O.S. § 5-107) and the OUCCC's prohibitions on unconscionable conduct (14A O.S. § 5-108).

8.3. Defendant attempted to collect charges or amounts in excess of those permitted by the OUCCC and/or used unconscionable means in connection with the Alleged Debt.

8.4. Pursuant to 14A O.S. § 5-201, Plaintiff is entitled to recover the excess charged, actual damages, and, where applicable, statutory penalties and attorney's fees.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendant as follows:

• A. Actual damages pursuant to 15 U.S.C. § 1692k(a)(1) and 15 O.S. § 761.1(A);
• B. Statutory damages of $1,000 pursuant to 15 U.S.C. § 1692k(a)(2)(A);
• C. Civil penalty of up to $2,000 per violation pursuant to 15 O.S. § 761.1(B) for unconscionable conduct;
• D. OUCCC remedies pursuant to 14A O.S. § 5-201 (where applicable);
• E. Reasonable attorney's fees and costs pursuant to 15 U.S.C. § 1692k(a)(3) and 15 O.S. § 761.1(A);
• F. Pre-judgment and post-judgment interest as allowed by law;
• G. Such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

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) (or, if filed in state court, 12 O.S. § 591).

11. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], OBA No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused the foregoing COMPLAINT AND DEMAND FOR JURY TRIAL to be served upon Defendants pursuant to Fed. R. Civ. P. 4 (or 12 O.S. § 2004 if filed in state court) at the following addresses:

[SERVICE LIST WITH ADDRESSES]

[________________________________]

[ATTORNEY NAME]

13. OKLAHOMA PRACTICE NOTES

• Forum choice. The FDCPA is enforceable in any court of competent jurisdiction. 15 U.S.C. § 1692k(d). Federal court (N.D., E.D., or W.D. Okla.) is typical for consumer attorneys because of fee-shifting precedent and uniform procedure. State district court is appropriate if substantial state-law (OCPA / OUCCC) issues predominate, and small claims (12 O.S. § 1751 et seq.) is available for matters at or under $10,000.
• Consumer-transaction requirement. OCPA private actions require a "consumer transaction" — a purchase or lease of goods or services for personal, family, or household purposes. Patterson v. Beall, 2000 OK 92, 19 P.3d 839, holds that the OCPA reaches deceptive conduct in connection with such transactions even where deception was not the sole reason for the consumer's decision. Confirm scope before pleading.
• Regulated-industry exception. 15 O.S. § 754(2) exempts "actions or transactions regulated under laws administered by . . . any other regulatory body or officer acting under statutory authority of this state or the United States." This exception is construed narrowly; debt-collection conduct is generally not exempt unless the entire transaction is regulated end-to-end.
• Statute of limitations.
• FDCPA: ONE (1) year from the date of violation (15 U.S.C. § 1692k(d)). Each violation accrues separately. Rotkiske v. Klemm, 589 U.S. 8 (2019) — no general discovery rule.
• OCPA: borrow the THREE (3)-year statute under 12 O.S. § 95(A)(3) for liability created by statute. Walls v. American Tobacco Co., 2000 OK 66.
• OUCCC: generally one year for excess charges under 14A O.S. § 5-202; two years for some claims.
• Unconscionability under § 761.1(B). A finding of unconscionability unlocks a $2,000 civil penalty per violation in addition to actual damages and fees. Plead specific facts showing oppression, surprise, gross disparity, or exploitation of consumer vulnerability.
• Tenth Circuit standard. The Tenth Circuit applies an objective "unsophisticated consumer" test to FDCPA § 1692e claims. Ferree v. Marianos, 129 F.3d 130 (10th Cir. 1997); Llewellyn v. Allstate Home Loans, Inc., 711 F.3d 1173 (10th Cir. 2013). Plead from the perspective of an unsophisticated but reasonable consumer.
• Bona fide error defense. Defendants may raise the § 1692k(c) defense; plaintiff should anticipate by alleging knowing or reckless conduct and the absence of reasonable procedures.
• License check. Out-of-state debt collectors are not separately licensed in Oklahoma (no equivalent to AR's State Board of Collection Agencies), but consumer-finance lenders, payday lenders, and similar must be licensed by the Oklahoma Department of Consumer Credit. Unlicensed activity may itself be an OCPA "unlawful practice."
• Pre-suit demand letters. Not required, but a demand often produces FDCPA settlements before litigation. Preserve all communications and certified-mail receipts.
• Credit-reporting overlay. If Defendant reported the disputed debt to a CRA without noting the dispute, add a Fair Credit Reporting Act count (15 U.S.C. § 1681s-2(b)) after submitting an indirect dispute through the CRA.
• Bad-faith fee-shifting. Under 15 O.S. § 761.1(D), the prevailing party may recover up to $10,000 in fees and costs against a non-prevailing party who asserted a claim or defense in bad faith. Plead carefully.

14. SOURCES AND REFERENCES

• Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p — 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
• Oklahoma Consumer Protection Act, 15 O.S. §§ 751-763 — https://www.oscn.net/applications/oscn/index.asp?ftdb=STOKST15&level=1
• 15 O.S. § 753 (unlawful practices) — https://law.justia.com/codes/oklahoma/title-15/section-15-753/
• 15 O.S. § 761.1 (liability under OCPA) — https://law.justia.com/codes/oklahoma/title-15/section-15-761-1/
• Oklahoma Uniform Consumer Credit Code, 14A O.S. §§ 1-101 et seq. — https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os14A.pdf
• Patterson v. Beall, 2000 OK 92, 19 P.3d 839 — https://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=43
• Walls v. American Tobacco Co., 2000 OK 66 (OCPA SOL)
• Rotkiske v. Klemm, 589 U.S. 8 (2019)
• Ferree v. Marianos, 129 F.3d 130 (10th Cir. 1997)
• Llewellyn v. Allstate Home Loans, Inc., 711 F.3d 1173 (10th Cir. 2013)
• CFPB Debt Collection Rule (Regulation F), 12 C.F.R. Part 1006 — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• Oklahoma Department of Consumer Credit — https://oklahoma.gov/okdocc.html
• Oklahoma Attorney General Consumer Protection Unit — https://www.oag.ok.gov/consumer-protection-unit

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