FDCPA Violation Complaint (Tennessee)

COMPLAINT FOR VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT AND THE TENNESSEE CONSUMER PROTECTION ACT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Violation of FDCPA § 1692d (Harassment or Abuse)
7. Count II — Violation of FDCPA § 1692e (False or Misleading Representations)
8. Count III — Violation of FDCPA § 1692f (Unfair Practices)
9. Count IV — Violation of FDCPA § 1692g (Validation of Debts)
10. Count V — Violation of the Tennessee Consumer Protection Act
11. Count VI — Violation of Tennessee Identity Theft Deterrence Act (If Applicable)
12. Damages
13. Prayer for Relief
14. Demand for Trial by Jury
15. Signature and Service Blocks
16. Verification
17. Certificate of Service
18. Tennessee Practice Notes
19. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

[EASTERN / MIDDLE / WESTERN] DISTRICT OF TENNESSEE

[NASHVILLE / KNOXVILLE / MEMPHIS / CHATTANOOGA / GREENEVILLE / JACKSON] DIVISION

CIVIL ACTION FILE NO. [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

2. INTRODUCTION

2.1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") brings this action against Defendant [DEBT COLLECTOR] ("Defendant") for violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (the "FDCPA"), the Tennessee Consumer Protection Act of 1977, T.C.A. § 47-18-101 et seq. (the "TCPA"), and, as alleged below, the Tennessee Identity Theft Deterrence Act, T.C.A. § 47-18-2101 et seq.

2.2. Defendant engaged in unlawful debt-collection conduct including, without limitation, harassment, false representation of the character, amount, or legal status of an alleged debt, failure to send a timely validation notice, and continued collection after a written dispute.

2.3. Plaintiff seeks actual damages, statutory damages, treble damages, attorney fees, costs, and injunctive relief.

3. JURISDICTION AND VENUE

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

3.2. The Court has supplemental jurisdiction over Plaintiff's state-law claims 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 pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of the events giving rise to the claims occurred in [COUNTY] County, Tennessee.

4. PARTIES

4.1. Plaintiff [PLAINTIFF NAME] is a natural person and a "consumer" as defined by 15 U.S.C. § 1692a(3), residing at [STREET ADDRESS], [CITY], [COUNTY] County, Tennessee [ZIP].

4.2. Defendant [DEBT COLLECTOR ENTITY] is a [STATE OF FORMATION] [entity type] with its principal place of business at [ADDRESS] and is a "debt collector" as defined by 15 U.S.C. § 1692a(6) because it regularly collects debts owed or due another.

4.3. Defendant transacts business in Tennessee and engaged in the acts alleged in [COUNTY] County, Tennessee, satisfying the reach of T.C.A. § 47-18-104.

5. FACTUAL ALLEGATIONS

5.1. The alleged debt at issue arises out of a [CREDIT CARD / MEDICAL / UTILITY / OTHER] account allegedly incurred by Plaintiff for personal, family, or household purposes (the "Alleged Debt"), and is therefore a "debt" within the meaning of 15 U.S.C. § 1692a(5).

5.2. On or about [DATE], Defendant sent Plaintiff a written communication demanding payment of $[AMOUNT] on the Alleged Debt.

5.3. The communication [DID / DID NOT] contain the validation disclosures required by 15 U.S.C. § 1692g(a) (i.e., the amount, name of creditor, validation rights, 30-day period, and verification procedure).

5.4. Between [DATE] and [DATE], Defendant placed approximately [NUMBER] telephone calls to Plaintiff, including calls placed before 8:00 a.m. or after 9:00 p.m. local time at Plaintiff's location, in violation of 15 U.S.C. § 1692c(a)(1).

5.5. On [DATE], Plaintiff sent Defendant a written notice disputing the Alleged Debt and demanding validation under 15 U.S.C. § 1692g(b). A copy of the notice is attached as Exhibit A.

5.6. Notwithstanding receipt of the dispute, Defendant continued collection activity without first obtaining and mailing verification of the Alleged Debt, in violation of 15 U.S.C. § 1692g(b).

5.7. Defendant [describe specific abusive/false/unfair conduct: threats of suit it could not legally bring; false representation of attorney status; misstatement of amount; communications with third parties; representation that nonpayment would result in arrest; etc.].

5.8. Defendant's conduct was undertaken willfully and knowingly, with reckless disregard for Plaintiff's rights under federal and Tennessee law.

5.9. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered actual damages including emotional distress, anxiety, embarrassment, and out-of-pocket expenses.

6. COUNT I — VIOLATION OF FDCPA § 1692d (Harassment or Abuse)

6.1. Plaintiff incorporates Paragraphs 1.1 through 5.9 by reference.

6.2. Defendant's repeated and continuous telephone calls, communications at unusual or inconvenient times, and use of abusive language constitute conduct the natural consequence of which is to harass, oppress, or abuse, in violation of 15 U.S.C. § 1692d, including § 1692d(5) (causing the telephone to ring repeatedly).

6.3. Plaintiff is entitled to actual damages, statutory damages up to $1,000.00, attorney fees, and costs under 15 U.S.C. § 1692k.

7. COUNT II — VIOLATION OF FDCPA § 1692e (False or Misleading Representations)

7.1. Plaintiff incorporates the foregoing paragraphs by reference.

7.2. Defendant violated 15 U.S.C. § 1692e by, among other things: [falsely representing the character, amount, or legal status of the Alleged Debt; threatening action that Defendant could not legally take or did not intend to take; using false representations or deceptive means to collect; failing to disclose mini-Miranda].

7.3. The representations were material and would mislead the "least sophisticated consumer." Currier v. First Resolution Inv. Corp., 762 F.3d 529, 533 (6th Cir. 2014).

8. COUNT III — VIOLATION OF FDCPA § 1692f (Unfair Practices)

8.1. Plaintiff incorporates the foregoing paragraphs by reference.

8.2. Defendant violated 15 U.S.C. § 1692f by attempting to collect amounts not authorized by the underlying agreement or permitted by law, and by using unfair and unconscionable means to collect the Alleged Debt.

9. COUNT IV — VIOLATION OF FDCPA § 1692g (Validation of Debts)

9.1. Plaintiff incorporates the foregoing paragraphs by reference.

9.2. Defendant failed to provide the validation notice required by 15 U.S.C. § 1692g(a) within five (5) days of the initial communication and/or continued collection after receipt of Plaintiff's dispute without first obtaining verification, in violation of 15 U.S.C. § 1692g(b).

10. COUNT V — VIOLATION OF THE TENNESSEE CONSUMER PROTECTION ACT

10.1. Plaintiff incorporates the foregoing paragraphs by reference.

10.2. Defendant's conduct constitutes "unfair or deceptive acts or practices affecting the conduct of any trade or commerce" within the meaning of T.C.A. § 47-18-104(a) and (b), specifically including (without limitation) representing that goods or services have characteristics, uses, benefits, or quantities that they do not have (§ 47-18-104(b)(5)) and [identify any other enumerated subsection — e.g., (b)(27) is unavailable to private plaintiffs post-2011, so cite enumerated subsections only].

10.3. Plaintiff suffered an "ascertainable loss of money or property" as required by T.C.A. § 47-18-109(a)(1).

10.4. Defendant's violations were willful or knowing, entitling Plaintiff to treble actual damages under T.C.A. § 47-18-109(a)(3) and reasonable attorney fees and costs under T.C.A. § 47-18-109(e)(1).

10.5. Pursuant to T.C.A. § 47-18-109(b), Plaintiff will serve a copy of this Complaint on the Office of the Tennessee Attorney General within ten (10) days of filing.

11. COUNT VI — VIOLATION OF TENNESSEE IDENTITY THEFT DETERRENCE ACT (If Applicable)

11.1. Plaintiff incorporates the foregoing paragraphs by reference.

11.2. To the extent Defendant attempted to collect a debt incurred by means of identity theft, or used Plaintiff's personal identifying information without lawful authority, Defendant's conduct constitutes a prohibited practice under T.C.A. § 47-18-2103.

11.3. Pursuant to T.C.A. § 47-18-2104, Plaintiff is entitled to actual damages, treble damages for willful or knowing violations, injunctive relief, and reasonable attorney fees.

12. DAMAGES

12.1. Actual damages including emotional distress, mental anguish, lost time, postage, attorney consultation costs, and out-of-pocket losses in an amount to be proven at trial.

12.2. FDCPA statutory damages up to $1,000.00 per Plaintiff (15 U.S.C. § 1692k(a)(2)(A)).

12.3. Treble actual damages under T.C.A. § 47-18-109(a)(3) for willful or knowing TCPA violations.

12.4. Attorney fees and costs under 15 U.S.C. § 1692k(a)(3) and T.C.A. § 47-18-109(e)(1).

12.5. Injunctive and declaratory relief under T.C.A. § 47-18-109(a)(1) and § 47-18-2104.

13. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment against Defendant as follows:

• A. Actual damages in an amount to be proven at trial;
• B. Statutory damages of $1,000.00 under 15 U.S.C. § 1692k(a)(2)(A);
• C. Treble actual damages under T.C.A. § 47-18-109(a)(3);
• D. Reasonable attorney fees and costs under 15 U.S.C. § 1692k(a)(3) and T.C.A. § 47-18-109(e)(1);
• E. Pre- and post-judgment interest at the maximum lawful rate;
• F. A permanent injunction prohibiting further violations;
• G. Such other and further relief as the Court deems just and proper.

14. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Fed. R. Civ. P. 38 and the Seventh Amendment to the United States Constitution.

15. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Tenn. BPR No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, TN ZIP]

Telephone: [(___) ___-____]

Email: [EMAIL]

16. VERIFICATION

STATE OF TENNESSEE

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], having been first duly sworn, depose and say that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint and know the contents thereof; and that the same is true to my own knowledge except as to those matters stated upon information and belief, and as to those I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

(My Commission Expires: [_______________])

17. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a copy of the foregoing was served on:

• Defendant [ENTITY] via [METHOD: process server / certified mail / waiver] at [ADDRESS]; and
• The Office of the Tennessee Attorney General, P.O. Box 20207, Nashville, TN 37202-0207, via U.S. Mail pursuant to T.C.A. § 47-18-109(b).

[________________________________]

[ATTORNEY NAME]

18. TENNESSEE PRACTICE NOTES

• 2011 TCPA Amendments (Public Chapter 502). Effective October 1, 2011, the Tennessee General Assembly substantially narrowed private TCPA enforcement. Two restrictions are critical for debt-collection plaintiffs: (i) no class actions for damages under the TCPA's substantive prohibitions (T.C.A. § 47-18-109(a)(1) limits suits to actions brought "individually"); and (ii) the catch-all subsection § 47-18-104(b)(27) is unavailable as a private cause of action. Plead each TCPA count by tying the conduct to a specific enumerated subsection of § 47-18-104(b).
• Insurance carve-out. TCPA does not apply to insurance company conduct after T.C.A. § 56-8-113 (effective 2011). For carrier disputes, use the Tennessee insurance regulatory framework instead.
• Statute of limitations. FDCPA: one year from violation, 15 U.S.C. § 1692k(d). TCPA: one year from discovery, T.C.A. § 47-18-110, capped at five years from the date of the consumer transaction.
• No state debt-collection licensing for typical agencies. Tennessee does not impose a separate state-level licensing requirement for ordinary third-party debt collectors. Federal FDCPA compliance and the TCPA supply the primary standards.
• Treble damages discretion. T.C.A. § 47-18-109(a)(3) makes treble damages discretionary on a finding of "willful or knowing" violation. Punitive damages are barred when treble damages are awarded for the same conduct (§ 47-18-109(a)(4)).
• Attorney General notice. § 47-18-109(b) requires service of a copy of the complaint on the AG within ten (10) days of filing. Failure to serve does not bar the action but should be cured promptly.
• Forum. Most TN FDCPA cases are filed in U.S. District Court (E.D., M.D., or W.D. Tenn.) for unified federal-state pleading and access to the FDCPA fee-shift. State Circuit/Chancery is available; small-dollar cases may proceed in General Sessions subject to its monetary limits.
• Sixth Circuit "least sophisticated consumer" standard. Currier v. First Resolution Inv. Corp., 762 F.3d 529 (6th Cir. 2014); Buchanan v. Northland Group, Inc., 776 F.3d 393 (6th Cir. 2015).
• Service. Federal service follows Fed. R. Civ. P. 4. State service follows Tenn. R. Civ. P. 4 and may be effected on a foreign collector via the long-arm statute, T.C.A. § 20-2-214.

19. SOURCES AND REFERENCES

• 15 U.S.C. § 1692 et seq. (FDCPA) — https://www.ftc.gov/legal-library/browse/rules/fair-debt-collection-practices-act-text
• T.C.A. § 47-18-109 (Private right of action) — https://law.justia.com/codes/tennessee/title-47/chapter-18/part-1/section-47-18-109/
• T.C.A. § 47-18-104 (Unfair or deceptive acts) — https://law.justia.com/codes/tennessee/title-47/chapter-18/part-1/section-47-18-104/
• Tennessee Identity Theft Deterrence Act, T.C.A. § 47-18-2101 et seq. — https://law.justia.com/codes/tennessee/title-47/chapter-18/part-21/
• T.C.A. § 39-14-150 (Identity Theft Victims' Rights Act of 2004) — https://law.justia.com/codes/tennessee/title-39/chapter-14/part-1/section-39-14-150/
• 2011 Public Chapter 502 (TCPA amendments) — https://publications.tnsosfiles.com/acts/107/pub/pc0502.pdf
• Currier v. First Resolution Inv. Corp., 762 F.3d 529 (6th Cir. 2014)
• Tennessee Attorney General Division of Consumer Affairs — https://www.tn.gov/attorneygeneral/working-for-tennessee/consumer-affairs.html
• Tennessee Rules of Civil Procedure — https://www.tncourts.gov/rules

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. A Tennessee-licensed attorney must review and customize this document before filing. Statutes and case law change; verify all citations before use.