FDCPA Violation Complaint - Rhode Island

FDCPA VIOLATION COMPLAINT — RHODE ISLAND

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Violation of FDCPA, 15 U.S.C. § 1692 et seq.
7. Count II — Violation of Rhode Island Deceptive Trade Practices Act
8. Damages
9. Prayer for Relief
10. Demand for Trial by Jury
11. Signature and Service Blocks
12. Certificate of Service
13. Rhode Island Practice Notes
14. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

DISTRICT OF RHODE ISLAND

CIVIL ACTION NO. [________________________________]

COMPLAINT FOR DAMAGES — JURY TRIAL DEMANDED

2. INTRODUCTION

1. This is an action for actual and statutory damages, attorney's fees, and costs brought by Plaintiff, an individual Rhode Island consumer, against Defendant for violations of the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA"), and the Rhode Island Deceptive Trade Practices Act, R.I. Gen. Laws § 6-13.1-1 et seq. ("DTPA").

2. Congress enacted the FDCPA "to eliminate abusive debt collection practices by debt collectors." 15 U.S.C. § 1692(e). The DTPA likewise prohibits "unfair or deceptive acts or practices in the conduct of any trade or commerce." R.I. Gen. Laws § 6-13.1-2.

3. JURISDICTION AND VENUE

3. Subject-matter jurisdiction over the FDCPA claim is conferred by 15 U.S.C. § 1692k(d) and 28 U.S.C. § 1331. Supplemental jurisdiction over the DTPA claim is conferred by 28 U.S.C. § 1367(a) because the state-law claim arises from the same case or controversy.

4. Venue is proper in the District of Rhode Island under 28 U.S.C. § 1391(b) because a substantial part of the events giving rise to the claim occurred in this District and Plaintiff resides in this District.

4. PARTIES

5. Plaintiff [PLAINTIFF NAME] is a natural person residing in [CITY], [COUNTY] County, Rhode Island, and is a "consumer" within the meaning of 15 U.S.C. § 1692a(3).

6. Defendant [DEFENDANT NAME] is a [STATE OF INCORPORATION] [corporation / limited liability company] with its principal place of business at [ADDRESS], regularly engaged in the business of collecting consumer debts allegedly owed to others, and is a "debt collector" within the meaning of 15 U.S.C. § 1692a(6).

5. FACTUAL ALLEGATIONS

7. On or about [DATE], Plaintiff allegedly incurred a financial obligation in the amount of approximately $[AMOUNT] to [ORIGINAL CREDITOR] for personal, family, or household purposes (the "Debt").

8. The Debt is a "debt" as defined by 15 U.S.C. § 1692a(5).

9. On or about [DATE], the Debt was [purchased / assigned / placed] with Defendant for collection.

10. Beginning on or about [DATE], Defendant began contacting Plaintiff in connection with the collection of the Debt by [telephone / mail / electronic communication] at [NUMBER / ADDRESS].

11. Defendant's collection conduct included, inter alia, the following acts and practices:

a. Calling Plaintiff at times Defendant knew or should have known were inconvenient, including before 8:00 a.m. or after 9:00 p.m. local time, in violation of 15 U.S.C. § 1692c(a)(1);

b. Communicating with Plaintiff after Plaintiff notified Defendant in writing on [DATE] that Plaintiff refused to pay the Debt or wished communications to cease, in violation of 15 U.S.C. § 1692c(c);

c. Contacting third parties, including Plaintiff's [employer / family / neighbors], regarding the Debt for purposes other than acquiring location information, in violation of 15 U.S.C. § 1692b and § 1692c(b);

d. Using obscene, profane, or abusive language during collection calls, in violation of 15 U.S.C. § 1692d(2);

e. Causing Plaintiff's telephone to ring repeatedly with intent to annoy, abuse, or harass, in violation of 15 U.S.C. § 1692d(5);

f. Falsely representing the character, amount, or legal status of the Debt, in violation of 15 U.S.C. § 1692e(2)(A);

g. Threatening to take action — including suit, wage garnishment, or arrest — that Defendant did not intend to take or could not legally take, in violation of 15 U.S.C. § 1692e(5);

h. Failing to provide the validation notice required by 15 U.S.C. § 1692g(a) within five (5) days of the initial communication;

i. Failing to cease collection activity after Plaintiff timely disputed the Debt in writing on [DATE] and demanded validation, in violation of 15 U.S.C. § 1692g(b);

j. Using unfair or unconscionable means to collect the Debt, including [ADD/DELETE/PROPRIETARY FACTS], in violation of 15 U.S.C. § 1692f.

12. Defendant's conduct caused Plaintiff actual damages including emotional distress, anxiety, lost time, out-of-pocket expenses, and [OTHER COMPENSABLE HARM].

6. COUNT I — VIOLATION OF FDCPA, 15 U.S.C. § 1692 et seq.

13. Plaintiff realleges and incorporates Paragraphs 1–12.

14. Defendant is a "debt collector" subject to the FDCPA. 15 U.S.C. § 1692a(6).

15. By the acts and practices described above, Defendant violated 15 U.S.C. §§ 1692b, 1692c, 1692d, 1692e, 1692f, and/or 1692g, as applicable.

16. Pursuant to 15 U.S.C. § 1692k, Plaintiff is entitled to:

a. Actual damages under § 1692k(a)(1);
b. Statutory damages of up to $1,000 under § 1692k(a)(2)(A); and
c. Reasonable attorney's fees and costs under § 1692k(a)(3).

7. COUNT II — VIOLATION OF RHODE ISLAND DECEPTIVE TRADE PRACTICES ACT

17. Plaintiff realleges and incorporates Paragraphs 1–16.

18. The DTPA prohibits "unfair or deceptive acts or practices in the conduct of any trade or commerce" affecting Rhode Island consumers. R.I. Gen. Laws § 6-13.1-2.

19. The conduct described above constitutes unfair and/or deceptive practices in the conduct of trade or commerce, including but not limited to misrepresentations as to the character, amount, or legal status of the Debt and the use of harassing and abusive collection methods.

20. Plaintiff is a person who acquired services (collection-related communications and consumer financial services) primarily for personal, family, or household purposes and has suffered ascertainable loss of money or property as a result of Defendant's conduct, conferring standing under R.I. Gen. Laws § 6-13.1-5.2.

21. Defendant's conduct is not exempt under R.I. Gen. Laws § 6-13.1-4 because Defendant is a third-party debt collector whose specific collection conduct is not "permitted under" any state or federal regulatory regime within the meaning of the statute as construed in Chavers v. Fleet Bank (RI), N.A., 844 A.2d 666 (R.I. 2004).

22. Defendant's conduct was willful and knowing, entitling Plaintiff to treble damages and punitive damages under R.I. Gen. Laws § 6-13.1-5.2.

23. Plaintiff is entitled to:

a. Actual damages or $500, whichever is greater, R.I. Gen. Laws § 6-13.1-5.2(a);
b. Treble damages in the court's discretion;
c. Punitive damages on willful conduct;
d. Reasonable attorney's fees and costs;
e. Injunctive and other equitable relief.

8. DAMAGES

24. As a direct and proximate result of Defendant's violations, Plaintiff has suffered actual damages including emotional distress, mental anguish, anxiety, embarrassment, lost time and wages, out-of-pocket expenses, and impairment of credit and reputation, in an amount to be proven at trial.

25. Defendant's conduct was willful, knowing, and in reckless disregard of Plaintiff's federally and state-protected rights, supporting the maximum statutory and punitive damages available.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment against Defendant for:

• A. Actual damages in an amount to be proven at trial;
• B. Statutory damages of $1,000 per Plaintiff under 15 U.S.C. § 1692k(a)(2)(A);
• C. Statutory damages of $500 or actual damages, whichever is greater, plus treble damages under R.I. Gen. Laws § 6-13.1-5.2;
• D. Punitive damages on Count II;
• E. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and R.I. Gen. Laws § 6-13.1-5.2;
• F. Pre-judgment and post-judgment interest as allowed by law;
• G. Injunctive relief restraining further unlawful collection activity; and
• H. Such other and further relief as the Court deems just and proper.

10. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all issues so triable.

11. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], R.I. Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, RI ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. CERTIFICATE OF SERVICE

I hereby certify that on this [____] day of [_______________], 20[____], I caused a true and correct copy of the foregoing COMPLAINT to be served on Defendant by [method of service — e.g., summons via U.S. Marshal, certified mail, registered process server] at the following address:

[DEFENDANT'S REGISTERED AGENT / SERVICE ADDRESS]

[________________________________]

[ATTORNEY NAME]

13. RHODE ISLAND PRACTICE NOTES

• Forum choice. FDCPA confers concurrent state and federal jurisdiction. Federal court (D.R.I.) is often preferred for procedural uniformity, robust attorney-fee awards, and First Circuit FDCPA precedent. State filing should be in the Superior Court for the appropriate county (Providence, Bristol, Kent, Newport, Washington).
• Statutes of limitations. FDCPA: one (1) year from the violation, 15 U.S.C. § 1692k(d). DTPA: no enumerated period; courts apply the catchall 10-year period in R.I. Gen. Laws § 9-1-13(a).
• Regulated-industry exemption (CRITICAL). R.I. Gen. Laws § 6-13.1-4 exempts conduct "permitted under" laws administered by a state or federal regulatory body. Chavers v. Fleet Bank (RI), N.A., 844 A.2d 666 (R.I. 2004), construed the exemption broadly with respect to nationally chartered banks. The exemption is regularly invoked to defeat DTPA claims against banks, insurance companies, broker-dealers, and other heavily regulated entities. Third-party debt collectors and unlicensed actors generally are NOT exempt because the underlying collection conduct is not affirmatively "permitted" by a regulatory regime — it is regulated only in the sense of being prohibited.
• No standalone RI debt-collection statute. Unlike Massachusetts (Mass. Gen. Laws ch. 93, § 49 / 940 CMR 7.00) or Connecticut (Conn. Gen. Stat. § 36a-645), Rhode Island has not enacted a state debt-collection practices act. Practitioners rely on the FDCPA federally, the DTPA where the regulated-industry exemption does not apply, and common-law theories (intentional infliction of emotional distress, invasion of privacy, defamation) where the facts support them.
• Bona fide error defense. 15 U.S.C. § 1692k(c). Evaluate Defendant's procedures and any pleaded affirmative defenses; collect call records, scripts, and policies in early discovery.
• Damages mitigation. Document the consumer's actual harm (medical/therapy records, lost wages, contemporaneous notes). Statutory damages alone rarely exceed $1,000 federally and $500 under the DTPA absent treble or punitive enhancements.
• Class actions. R.I. Gen. Laws § 6-13.1-5.2(b) permits class actions paralleling Fed. R. Civ. P. 23. The Rhode Island Supreme Court addressed pre-certification DTPA evaluation; consult current First Circuit and RI Supreme Court guidance before pleading class-wide.

14. SOURCES AND REFERENCES

• Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• R.I. Gen. Laws Ch. 6-13.1 (Deceptive Trade Practices) — https://webserver.rilegislature.gov/Statutes/TITLE6/6-13.1/INDEX.htm
• R.I. Gen. Laws § 6-13.1-5.2 — https://webserver.rilegislature.gov/Statutes/TITLE6/6-13.1/6-13.1-5.2.htm
• R.I. Gen. Laws § 6-13.1-4 (Exemptions) — https://webserver.rilegislature.gov/Statutes/TITLE6/6-13.1/6-13.1-4.htm
• Chavers v. Fleet Bank (RI), N.A., 844 A.2d 666 (R.I. 2004)
• Rhode Island Attorney General — Consumer Protection — https://riag.ri.gov/consumerprotection
• CFPB Debt Collection Rule (Reg. F), 12 C.F.R. Part 1006

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