FDCPA Violation Complaint (Oregon)

FDCPA VIOLATION COMPLAINT — OREGON

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 Oregon UTPA (ORS 646.605 et seq.)
8. Count III — Violations of the Oregon UDCPA (ORS 646.639 / 646.641)
9. Damages
10. Prayer for Relief
11. Demand for Trial by Jury
12. Signature and Service Blocks
13. Certificate of Service
14. Oregon Practice Notes
15. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [________________________________]

Case No. [________________________________]

COMPLAINT

(FDCPA — 15 U.S.C. § 1692 et seq.; Oregon UTPA — ORS 646.605 et seq.; Oregon UDCPA — ORS 646.639, 646.641)

DEMAND FOR JURY TRIAL

Prayer Amount: $[________________________________] (ORCP 18 B)

2. INTRODUCTION

1. This is an action for actual damages, statutory damages, punitive damages, equitable relief, attorney fees, and costs arising from Defendant's unlawful efforts to collect an alleged consumer debt from Plaintiff in violation of the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA"), the Oregon Unlawful Trade Practices Act, ORS 646.605 et seq. ("UTPA"), and the Oregon Unlawful Debt Collection Practices Act, ORS 646.639 and 646.641 ("UDCPA").

2. Congress enacted the FDCPA "to eliminate abusive debt collection practices by debt collectors." 15 U.S.C. § 1692(e). The Oregon Legislature enacted parallel and complementary protections through the UTPA and the standalone UDCPA, the latter of which independently prohibits enumerated unfair, deceptive, and harassing collection practices. See ORS 646.639.

3. Defendant's conduct, described below, violated each of these statutes and caused Plaintiff ascertainable loss, emotional distress, and reputational and credit harm.

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction over the state-law claims under Article VII of the Oregon Constitution and ORS 3.136 (general civil jurisdiction of the circuit courts).

3.2. This Court has concurrent subject-matter jurisdiction over the federal FDCPA claims pursuant to 15 U.S.C. § 1692k(d).

3.3. Venue is proper in [COUNTY] County under ORS 14.080 because Defendant transacts business in this county and/or because the unlawful collection conduct occurred or was directed at Plaintiff in this county.

4. PARTIES

4.1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is a natural person residing in [CITY], [COUNTY] County, Oregon, and is a "consumer" within the meaning of 15 U.S.C. § 1692a(3) and a "debtor" within the meaning of ORS 646.639(1)(d).

4.2. Defendant [COLLECTOR NAME] ("Collector") is a [corporation / LLC / individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. Collector regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another, and is therefore a "debt collector" within the meaning of 15 U.S.C. § 1692a(6) and ORS 646.639(1)(g).

4.3. Defendant [CREDITOR / DEBT BUYER] ("Creditor") is the alleged owner or assignee of the consumer debt at issue and [is / is not] itself a "debt collector" or "debt buyer" within the meaning of ORS 646.639(1)(f).

5. FACTUAL ALLEGATIONS

5.1. On or about [DATE], Plaintiff allegedly incurred a consumer obligation to [ORIGINAL CREDITOR] for [describe goods, services, or extension of credit obtained primarily for personal, family or household purposes] (the "Alleged Debt").

5.2. The Alleged Debt is a "debt" within the meaning of 15 U.S.C. § 1692a(5) and ORS 646.639(1)(c) because it arises out of a transaction primarily for personal, family, or household purposes.

5.3. On or about [DATE], Defendant Collector began attempting to collect the Alleged Debt from Plaintiff by [telephone / written communication / electronic communication].

5.4. Among other acts and practices, Defendant Collector:

• (a) Communicated with Plaintiff at inconvenient times, including at or before 8:00 a.m. or after 9:00 p.m. local time, on [DATES];
• (b) Continued contacting Plaintiff after Plaintiff sent a written cease-communication request dated [DATE];
• (c) Threatened action that Defendant could not legally take or did not intend to take, specifically [describe threat — e.g., arrest, criminal prosecution, wage garnishment without judgment];
• (d) Misrepresented the character, amount, or legal status of the Alleged Debt by [describe misrepresentation];
• (e) Used profane, obscene, or abusive language toward Plaintiff;
• (f) Failed to provide the validation notice required by 15 U.S.C. § 1692g within five days of the initial communication;
• (g) Continued collection activity after Plaintiff timely disputed the debt in writing without first mailing verification of the debt;
• (h) Communicated with third parties, including [employer / family / neighbors], regarding the Alleged Debt without permission and not for a permitted purpose; and/or
• (i) [Add additional fact-specific conduct.]

5.5. As a direct and proximate result of Defendant's unlawful conduct, Plaintiff suffered ascertainable loss, including but not limited to [itemize: out-of-pocket payments made under duress, long-distance charges, medical/therapy expenses, lost wages, credit-score damage, denial of credit, increased interest rates, attorney fees and costs incurred to investigate].

5.6. Plaintiff also suffered emotional distress, anxiety, sleeplessness, embarrassment, and humiliation.

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

6.1. Plaintiff realleges and incorporates Paragraphs 1–5.6.

6.2. Defendant Collector is a "debt collector" subject to the FDCPA.

6.3. Defendant violated, inter alia:

• § 1692c(a)(1) — communication at inconvenient time or place;
• § 1692c(c) — communication after written cease request;
• § 1692c(b) — improper third-party communication;
• § 1692d — harassing, oppressive, or abusive conduct, including § 1692d(2) (obscene or profane language) and § 1692d(5) (repeated telephone calls with intent to annoy);
• § 1692e — false, deceptive, or misleading representations, including § 1692e(2)(A) (false representation of character, amount, or legal status), § 1692e(4) (false threat of seizure/arrest/garnishment), § 1692e(5) (threat to take action that cannot legally be taken), § 1692e(10) (use of any false representation or deceptive means), and § 1692e(11) (failure to disclose communication is from a debt collector);
• § 1692f — unfair or unconscionable means, including § 1692f(1) (collection of amounts not authorized);
• § 1692g(a) — failure to provide statutorily required validation notice; and
• § 1692g(b) — continued collection activity after timely dispute without verification.

6.4. Plaintiff is entitled under 15 U.S.C. § 1692k to recover (a) actual damages; (b) statutory damages of up to $1,000; and (c) reasonable attorney fees and costs.

7. COUNT II — VIOLATIONS OF THE OREGON UTPA (ORS 646.605 et seq.)

7.1. Plaintiff realleges and incorporates Paragraphs 1–6.4.

7.2. The Alleged Debt arose from a transaction in "real estate, goods or services" obtained primarily for personal, family, or household purposes within the meaning of ORS 646.605(6), and the collection of the Alleged Debt is a transaction in trade or commerce within the meaning of ORS 646.605(8).

7.3. Defendant willfully employed methods, acts, or practices declared unlawful under ORS 646.608, including without limitation:

• (a) ORS 646.608(1)(b) — causing likelihood of confusion or misunderstanding as to source, sponsorship, or approval of services;
• (b) ORS 646.608(1)(e) — representing services have approval, characteristics, or benefits they do not have;
• (c) ORS 646.608(1)(s) — making false or misleading representations about the reduction of debts or improvement of credit; and/or
• (d) ORS 646.608(1)(u) — engaging in any other unfair or deceptive conduct in trade or commerce.

7.4. Defendant's conduct was "willful" within the meaning of ORS 646.605(10) because Defendant knew or should have known that the conduct was a violation of the UTPA.

7.5. As a direct and proximate result, Plaintiff suffered ascertainable loss of money or property as alleged above.

7.6. Plaintiff is entitled under ORS 646.638(1) to recover actual damages or $200, whichever is greater; punitive damages; equitable relief; and reasonable attorney fees and costs under ORS 646.638(3).

8. COUNT III — VIOLATIONS OF THE OREGON UDCPA (ORS 646.639 / 646.641)

8.1. Plaintiff realleges and incorporates Paragraphs 1–7.6.

8.2. The Oregon Unlawful Debt Collection Practices Act (ORS 646.639 and 646.641) is a separate state debt-collection statute distinct from the UTPA, prohibiting specifically enumerated practices and providing an independent private right of action.

8.3. Defendant Collector is a "debt collector" within the meaning of ORS 646.639(1)(g), and Plaintiff is a "debtor" within the meaning of ORS 646.639(1)(d).

8.4. Defendant willfully engaged in conduct prohibited by ORS 646.639(2), including without limitation:

• (a) ORS 646.639(2)(a) — using or threatening force or violence;
• (b) ORS 646.639(2)(b) — threatening seizure, attachment, or sale of property without disclosing required court proceedings;
• (c) ORS 646.639(2)(c) — using profane, obscene, or abusive language;
• (d) ORS 646.639(2)(d) — communicating with Plaintiff repeatedly or continuously at inconvenient times with intent to harass;
• (e) ORS 646.639(2)(e) — communicating with Plaintiff's employer regarding the debt;
• (f) ORS 646.639(2)(g) — failing to identify Defendant in oral or written communications;
• (g) ORS 646.639(2)(j) — simulating legal or judicial process;
• (h) ORS 646.639(2)(k) — misrepresenting authority to add charges or attorney fees;
• (i) ORS 646.639(2)(l) — collecting interest exceeding what the debt agreement allows;
• (j) ORS 646.639(2)(p) — attempting to collect debts on which the statute of limitations has expired; and/or
• (k) [other applicable subsection].

8.5. Plaintiff is entitled under ORS 646.641 to recover actual damages or $200, whichever is greater; punitive damages; equitable relief; and reasonable attorney fees.

9. DAMAGES

9.1. Actual / Economic Damages: out-of-pocket payments coerced by Defendant ($[AMOUNT]); credit and reputational damage; lost wages; long-distance and other charges; and consequential losses to be proven at trial.

9.2. Statutory Damages: up to $1,000 under 15 U.S.C. § 1692k; $200 minimum (or actual damages if greater) under each of ORS 646.638(1) and ORS 646.641.

9.3. Non-Economic Damages: emotional distress, anxiety, embarrassment, humiliation, and loss of enjoyment of life.

9.4. Punitive Damages: punitive damages under ORS 646.638(1) and ORS 646.641 for Defendant's willful conduct, in an amount sufficient to punish and deter.

9.5. Attorney Fees and Costs: under 15 U.S.C. § 1692k(a)(3), ORS 646.638(3), ORS 646.641, and ORS 20.107.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment against Defendants, jointly and severally, as follows:

• A. Actual damages in an amount to be proven at trial;
• B. Statutory damages of up to $1,000 per Defendant under 15 U.S.C. § 1692k(a)(2)(A), and $200 (or actual damages if greater) under each of ORS 646.638(1) and ORS 646.641;
• C. Punitive damages in an amount to be determined by the trier of fact;
• D. A permanent injunction prohibiting Defendant from engaging in further unlawful collection practices against Plaintiff;
• E. Pre-judgment and post-judgment interest at the legal rate (ORS 82.010);
• F. Reasonable attorney fees and costs under 15 U.S.C. § 1692k(a)(3), ORS 646.638(3), ORS 646.641, ORS 20.107, and ORCP 68; and
• G. Such other and further relief as the Court deems just and equitable.

11. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all issues so triable as a matter of right under Article I, § 17 of the Oregon Constitution and ORCP 50.

12. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

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

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, OR ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [_______________], 20[____], I served the foregoing COMPLAINT upon Defendants by [method — e.g., personal service through a registered process server pursuant to ORCP 7; certified mail, return receipt requested; the Oregon eFile Service Center], addressed as follows:

[SERVICE LIST WITH ADDRESSES]

[________________________________]

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

14. OREGON PRACTICE NOTES

• Three independent statutes — three independent recoveries. The FDCPA, UTPA, and UDCPA each provide their own remedies. Plead them as separate counts; Plaintiff is generally not forced to elect between statutory awards under different statutes, although a single underlying loss cannot be doubly compensated.
• UDCPA is its own statute. The Oregon Unlawful Debt Collection Practices Act (ORS 646.639 / 646.641) is a freestanding state debt-collection statute. It is not codified inside the UTPA. Plead it separately and cite ORS 646.641 (not ORS 646.638) for the private cause of action and remedies.
• Willfulness is required for punitive damages and statutory minimums. Both ORS 646.638(1) (UTPA) and ORS 646.641 (UDCPA) require willful conduct to recover the $200 statutory minimum and punitive damages. Plead facts showing the defendant knew or should have known the conduct was unlawful.
• Ascertainable loss is required for UTPA standing. A bare statutory violation does not satisfy ORS 646.638. Plead an actual out-of-pocket loss, credit injury, or other property/money loss with specificity. Pearson v. Philip Morris, Inc., 358 Or. 88 (2015).
• Statutes of limitations. FDCPA: one year from violation (15 U.S.C. § 1692k(d)). UTPA: one year from discovery (ORS 646.638(6)). UDCPA: see ORS 646.641 (verify current text — SB 1595 (2024) is reported to have lengthened the limitations period).
• Insurance is excluded from the UTPA. "Real estate, goods or services" under ORS 646.605(6) "does not include insurance." Use a different vehicle (e.g., common-law bad faith, ORS 746) for insurance disputes.
• Forum selection. Plaintiffs frequently keep cases in state court for ease of fee recovery and to reduce removal exposure where the FDCPA claim is not the dominant theory; defendants may remove under 28 U.S.C. § 1441 if FDCPA is in the complaint.
• Discovery. Oregon's ORCP 36–46 govern; there is no automatic Rule 26(a) initial disclosure. Use ORCP 43 requests for production and ORCP 36 C limits.
• Notice of UTPA suit to AG. ORS 646.638(2) requires the plaintiff to mail a copy of the complaint to the Attorney General when commenced; failure does not bar the action but should not be overlooked.
• Recordkeeping for damages. Preserve every collection letter, voicemail recording, and call log; Oregon is a one-party-consent recording state under ORS 165.540, so plaintiff-recorded calls are generally admissible.

15. SOURCES AND REFERENCES

• ORS Chapter 646 (Trade Practices and Antitrust Regulation) — https://www.oregonlegislature.gov/bills_laws/ors/ors646.html
• ORS 646.605 — https://oregon.public.law/statutes/ors_646.605
• ORS 646.608 — https://oregon.public.law/statutes/ors_646.608
• ORS 646.638 — https://oregon.public.law/statutes/ors_646.638
• ORS 646.639 — https://oregon.public.law/statutes/ors_646.639
• ORS 646.641 — https://oregon.public.law/statutes/ors_646.641
• 15 U.S.C. § 1692 et seq. (FDCPA) — https://www.govinfo.gov/app/details/USCODE-2023-title15/USCODE-2023-title15-chap41-subchapV
• Oregon DOJ Consumer Protection — https://www.doj.state.or.us/consumer-protection/
• Oregon Rules of Civil Procedure — https://www.oregonlegislature.gov/bills_laws/ors/orcp.html
• Pearson v. Philip Morris, Inc., 358 Or. 88 (2015) (UTPA ascertainable loss)
• Sanders v. Francis, 277 Or. 593 (1977) (UTPA willfulness standard)

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