FDCPA Violation Complaint - Pennsylvania

COMPLAINT FOR VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT, THE PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT, AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION 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 Pennsylvania Fair Credit Extension Uniformity Act
8. Count III — Violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law
9. Prayer for Relief
10. Demand for Jury Trial
11. Signature and Service Blocks
12. Verification
13. Certificate of Service
14. Pennsylvania Practice Notes
15. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

[EASTERN / MIDDLE / WESTERN] DISTRICT OF PENNSYLVANIA

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 Pennsylvania Fair Credit Extension Uniformity Act ("FCEUA"), 73 P.S. §§ 2270.1 to 2270.6; and the Pennsylvania Unfair Trade Practices and Consumer Protection Law ("UTPCPL"), 73 P.S. §§ 201-1 to 201-9.3, to redress Defendants' abusive, deceptive, and unfair debt-collection practices directed at Plaintiff, a Pennsylvania 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 Pennsylvania General Assembly enacted the FCEUA in 2000 to extend FDCPA-style protections to debt collection by creditors collecting their own debts — conduct that the federal FDCPA does not reach. 73 P.S. § 2270.4(a). A violation of the FCEUA is, by operation of 73 P.S. § 2270.5(a), a per-se violation of the UTPCPL, exposing the violator to private remedies including treble damages and attorney's fees.

4. Plaintiff seeks actual damages, statutory damages, treble damages, 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 Pennsylvania 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, Pennsylvania.

4. PARTIES

4.1. Plaintiff [PLAINTIFF NAME] is a natural person residing in [COUNTY] County, Pennsylvania, and is a "consumer" as defined by 15 U.S.C. § 1692a(3) and 73 P.S. § 2270.3.

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) and 73 P.S. § 2270.3.

4.3. [Optional] Defendant [CREDITOR / DEBT BUYER] is a [corporation / LLC] that [purchases / owns / extended] the alleged debt at issue. As a "creditor" within the meaning of 73 P.S. § 2270.3, Defendant is subject to the FCEUA's prohibitions on creditor collection conduct under 73 P.S. § 2270.4(a), even though the federal FDCPA does not reach creditors collecting their own debts.

5. FACTUAL ALLEGATIONS

5.1. The alleged debt at issue is a "debt" within the meaning of 15 U.S.C. § 1692a(5) and 73 P.S. § 2270.3 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").

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, wage attachment, 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) and 73 P.S. § 2270.4.

5.6. Plaintiff justifiably relied on Defendant's representations regarding the character, amount, and legal status of the Alleged Debt by [describe reliance — e.g., making a payment toward the alleged debt, refraining from contesting the debt, paying fees, retaining counsel, missing other obligations, suffering credit-rating damage].

5.7. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered an ascertainable loss including but not limited to [describe — payments made, fees, attorney consultation costs, lost wages, out-of-pocket expenses, credit-related charges, and emotional distress].

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

(Against Defendant Debt Collector)

6.1. Plaintiff realleges and incorporates Paragraphs 1 through 5.7.

6.2. Defendant Debt Collector 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(a)(3) — communicating with Plaintiff at his/her place of employment after notice;
• 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. § 1692e(8) — communicating credit information that is known or should be known to be false, including failure to communicate that the debt is disputed;
• 15 U.S.C. § 1692f — using unfair or unconscionable means to collect the Alleged Debt;
• 15 U.S.C. § 1692f(1) — collecting an amount not authorized by the agreement creating the debt or permitted by law;
• 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 PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT

(Against All Defendants — Including Creditor Defendant)

7.1. Plaintiff realleges and incorporates Paragraphs 1 through 6.4.

7.2. The FCEUA, 73 P.S. §§ 2270.1 to 2270.6, prohibits unfair or deceptive debt-collection acts and practices and expressly applies to creditors collecting their own debts in addition to third-party debt collectors. 73 P.S. § 2270.4(a). The FCEUA incorporates by reference the substantive prohibitions of the federal FDCPA and supplements them with state-specific creditor duties. 73 P.S. § 2270.4(b).

7.3. Defendants violated the FCEUA in one or more of the following ways:

• 73 P.S. § 2270.4(b)(5)(i)–(iii) (FDCPA-incorporated prohibitions on harassment, false representations, and unfair practices);
• 73 P.S. § 2270.4(b)(6)(i)–(vi) (creditor-specific prohibitions, including threats to take action not intended or permitted, false representation of debt character, communication with third parties, and continued collection of disputed debts without verification);
• Failure to honor a written validation request before continuing collection activity;
• Misrepresentation of the character, amount, or legal status of the Alleged Debt;
• Communication with third parties regarding the Alleged Debt without lawful purpose; and
• Threatening to take action that could not legally be taken or was not intended to be taken.

7.4. Pursuant to 73 P.S. § 2270.5(a), a violation of the FCEUA constitutes an unfair or deceptive act or practice in violation of the UTPCPL, exposing Defendants to the private remedies set forth in 73 P.S. § 201-9.2.

8. COUNT III — VIOLATIONS OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW

(Against All Defendants)

8.1. Plaintiff realleges and incorporates Paragraphs 1 through 7.4.

8.2. The collection of consumer debt is "trade" or "commerce" within the meaning of 73 P.S. § 201-2(3).

8.3. Plaintiff is a "person" who purchased or acquired services that were the subject of the underlying transaction primarily for personal, family, or household purposes within the meaning of 73 P.S. § 201-9.2(a).

8.4. Defendants engaged in unfair or deceptive acts or practices prohibited by 73 P.S. § 201-2(4), including but not limited to:

• Subsection (4)(v) — representing that goods or services have characteristics, ingredients, uses, benefits, or quantities that they do not have;
• Subsection (4)(xiv) — failing to comply with the terms of any written guarantee or warranty;
• Subsection (4)(xxi) — the catch-all "engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding"; and
• Independently, by violating the FCEUA, which is a per-se UTPCPL violation under 73 P.S. § 2270.5(a).

8.5. Plaintiff justifiably relied on Defendants' wrongful conduct as alleged in Paragraph 5.6 above.

8.6. As a direct and proximate result, Plaintiff suffered ascertainable loss of money or property in an amount of approximately $[AMOUNT], separate and apart from any FDCPA statutory damages.

8.7. Pursuant to 73 P.S. § 201-9.2(a), Plaintiff is entitled to recover actual damages or $100, whichever is greater; treble damages in the Court's discretion; reasonable attorney's fees and costs; and any additional relief deemed proper.

9. PRAYER FOR RELIEF

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

• A. Actual damages pursuant to 15 U.S.C. § 1692k(a)(1) and 73 P.S. § 201-9.2(a);
• B. Statutory damages of $1,000 pursuant to 15 U.S.C. § 1692k(a)(2)(A);
• C. Statutory minimum damages of $100 or actual damages, whichever is greater, pursuant to 73 P.S. § 201-9.2(a);
• D. Treble damages pursuant to 73 P.S. § 201-9.2(a);
• E. Reasonable attorney's fees and costs pursuant to 15 U.S.C. § 1692k(a)(3) and 73 P.S. § 201-9.2(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, Pa. R.C.P. 1007.1).

11. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Pa. Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, PA ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. VERIFICATION

COMMONWEALTH OF PENNSYLVANIA

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], verify that the statements made in the foregoing Complaint are true and correct to the best of my personal knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities.

[________________________________]

[PLAINTIFF NAME]

Date: [__/__/____]

13. 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, if state court, Pa. R.C.P. 400 et seq.) at the following addresses:

[SERVICE LIST WITH ADDRESSES]

[________________________________]

[ATTORNEY NAME]

14. PENNSYLVANIA PRACTICE NOTES

• Forum choice. The FDCPA is enforceable in any court of competent jurisdiction. 15 U.S.C. § 1692k(d). Pennsylvania has three federal districts (E.D. Pa., M.D. Pa., W.D. Pa.). Court of Common Pleas is also available; small-dollar claims may proceed before a Magisterial District Judge under Pa. R.C.P.M.D.J. (jurisdictional cap currently $12,000).
• FCEUA reaches CREDITORS — flag this difference. The federal FDCPA's definition of "debt collector" excludes creditors collecting their own debts. 15 U.S.C. § 1692a(6). Pennsylvania closed that gap with the FCEUA, 73 P.S. § 2270.4(a), which imposes parallel duties on creditors. Where the defendant is the original creditor or a creditor servicing its own debt, plead the FCEUA + UTPCPL counts; the federal count alone will be dismissed.
• UTPCPL elements — Toy v. Metropolitan Life. A private UTPCPL plaintiff must plead and prove (1) an unlawful act under 73 P.S. § 201-2(4); (2) ascertainable loss of money or property; and (3) justifiable reliance on the defendant's wrongful conduct. Toy v. Metropolitan Life Ins. Co., 928 A.2d 186 (Pa. 2007); Yocca v. Pittsburgh Steelers Sports, Inc., 854 A.2d 425 (Pa. 2004).
• UTPCPL strict liability for "deceptive conduct." Under Gregg v. Ameriprise Fin., Inc., 245 A.3d 637 (Pa. 2021), the catch-all "deceptive conduct" prong of § 201-2(4)(xxi) is strict-liability — the consumer need not prove intent or recklessness. Reliance and ascertainable loss remain required.
• UTPCPL remedies. $100 statutory floor; actual damages; up to treble damages in the Court's discretion; mandatory attorney's fees and costs to prevailing plaintiff. 73 P.S. § 201-9.2(a). Strict liability for businesses whose acts violate the UTPCPL — the Pennsylvania Supreme Court has held that vicarious liability principles apply.
• Statute of limitations. FDCPA: 1 year from violation. 15 U.S.C. § 1692k(d). UTPCPL: 6 years (residual SOL, 42 Pa. C.S. § 5527). FCEUA: applies UTPCPL's 6-year period because FCEUA violations are pursued through the UTPCPL's private cause of action.
• Third Circuit FDCPA standard. The "least sophisticated debtor" standard governs § 1692e analysis. Brown v. Card Serv. Ctr., 464 F.3d 450 (3d Cir. 2006); Wilson v. Quadramed Corp., 225 F.3d 350 (3d Cir. 2000).
• Bona fide error defense. 15 U.S.C. § 1692k(c) requires the defendant to prove (1) the violation was unintentional, (2) it resulted from a bona fide error, and (3) the defendant maintained procedures reasonably adapted to avoid the error. Jerman v. Carlisle, 559 U.S. 573 (2010), bars use of the defense for mistakes of law.
• Credit-reporting overlay. If Defendant reported the disputed debt to a CRA without disclosing the dispute, add a Fair Credit Reporting Act count (15 U.S.C. § 1681s-2(b)) after submitting an indirect dispute through the CRA.
• Pennsylvania state-court procedures. Court of Common Pleas: file Praecipe for Writ of Summons or Complaint with Notice to Defend; verification under Pa. R.C.P. 1024 required for averments of fact. Pa. R.C.P. 1018.1 governs the Notice to Defend form. Service under Pa. R.C.P. 400 (sheriff or competent adult). Jury demand requires a separate written demand under Pa. R.C.P. 1007.1.

15. 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
• Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §§ 201-1 et seq. — https://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1968&sessInd=0&smthLwInd=0&act=387
• Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. §§ 2270.1 to 2270.6 — https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/2000/0/0007..HTM
• Toy v. Metropolitan Life Ins. Co., 928 A.2d 186 (Pa. 2007) — https://caselaw.findlaw.com/pa-supreme-court/1340603.html
• Gregg v. Ameriprise Fin., Inc., 245 A.3d 637 (Pa. 2021)
• Yocca v. Pittsburgh Steelers Sports, Inc., 854 A.2d 425 (Pa. 2004)
• Brown v. Card Serv. Ctr., 464 F.3d 450 (3d Cir. 2006)
• Rotkiske v. Klemm, 589 U.S. 8 (2019)
• Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 559 U.S. 573 (2010)
• CFPB Debt Collection Rule (Regulation F), 12 C.F.R. Part 1006 — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• Pennsylvania Office of Attorney General — Bureau of Consumer Protection — https://www.attorneygeneral.gov/public-protection-division/bureau-consumer-protection/
• Pennsylvania Attorney General Fair Debt Collection Page — https://www.attorneygeneral.gov/protect-yourself/consumer-advisories/fair-debt-collection-practices/

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