FDCPA Violation Complaint - Utah

COMPLAINT — FDCPA AND UTAH CONSUMER SALES PRACTICES ACT VIOLATIONS

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Federal FDCPA Violations
7. Count II — Utah Consumer Sales Practices Act (Deceptive Acts)
8. Count III — Utah Consumer Sales Practices Act (Unconscionable Acts)
9. Damages
10. Prayer for Relief
11. Jury Demand
12. Signature Block
13. Certificate of Service
14. Utah Practice Notes
15. Sources and References

1. CAPTION

IN THE [_______________] JUDICIAL DISTRICT COURT

IN AND FOR [_______________] COUNTY, STATE OF UTAH

Civil No.: [________________________________]

Judge: [________________________________]

Tier: ☐ Tier 1 (≤ $50,000) ☐ Tier 2 (≤ $300,000) ☐ Tier 3 (> $300,000)

COMPLAINT AND JURY DEMAND

(Violations of the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and the Utah Consumer Sales Practices Act, Utah Code § 13-11-1 et seq.)

2. INTRODUCTION

1. This is an action by Plaintiff [PLAINTIFF NAME] ("Plaintiff"), a Utah consumer, against Defendant [DEBT COLLECTOR NAME] ("Defendant") for unlawful debt-collection practices, including harassment, false and misleading representations, and unfair conduct in violation of the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq., and the Utah Consumer Sales Practices Act ("UCSPA"), Utah Code § 13-11-1 et seq.

2. Plaintiff seeks actual damages, statutory damages, the noneconomic-injury floor of $2,000 under Utah Code § 13-11-19(2), declaratory and injunctive relief, costs of court, and reasonable attorney fees as authorized by 15 U.S.C. § 1692k(a)(3) and Utah Code § 13-11-19(5).

3. JURISDICTION AND VENUE

3. This Court has subject-matter jurisdiction over the FDCPA claim pursuant to 15 U.S.C. § 1692k(d) and 28 U.S.C. § 1331, and supplemental jurisdiction over the state-law claims pursuant to 28 U.S.C. § 1367(a).

4. Venue is proper because a substantial part of the events or omissions giving rise to the claims occurred in [_______________] County, Utah, where Plaintiff resides and received the unlawful communications. Utah Code § 78B-3a-201; 28 U.S.C. § 1391(b)(2).

4. PARTIES

5. Plaintiff [PLAINTIFF NAME] is a natural person residing in [_______________] County, Utah. Plaintiff is a "consumer" within the meaning of 15 U.S.C. § 1692a(3) and a "person" entitled to bring an action under Utah Code § 13-11-19.

6. Defendant [DEBT COLLECTOR NAME] is a [corporation / LLC / collection agency] 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" within the meaning of 15 U.S.C. § 1692a(6) and a "supplier" engaged in a "consumer transaction" within the meaning of Utah Code § 13-11-3.

7. Defendant [INDIVIDUAL COLLECTOR NAME] is a natural person and a "debt collector" within the meaning of 15 U.S.C. § 1692a(6) who personally engaged in the conduct alleged below.

5. FACTUAL ALLEGATIONS

8. On or about [__/__/____], Defendant began attempting to collect from Plaintiff an alleged consumer debt in the amount of approximately $[AMOUNT] (the "Debt"). The Debt arose out of a transaction in which the money, property, insurance, or services that are the subject of the transaction were primarily for personal, family, or household purposes. 15 U.S.C. § 1692a(5); Utah Code § 13-11-3(2).

9. Defendant placed [NUMBER] telephone calls to Plaintiff between [__/__/____] and [__/__/____], including calls placed before 8:00 a.m. or after 9:00 p.m. local time. 15 U.S.C. § 1692c(a)(1).

10. On or about [__/__/____], Plaintiff sent Defendant a written request to cease communications. 15 U.S.C. § 1692c(c). Despite receipt, Defendant continued to call and write Plaintiff.

11. Defendant communicated with [third party — e.g., Plaintiff's employer / family member / neighbor] on [__/__/____] and disclosed that Plaintiff allegedly owed the Debt, in violation of 15 U.S.C. § 1692c(b).

12. In its written communications dated [__/__/____], Defendant misrepresented the character, amount, or legal status of the Debt by [DESCRIBE — e.g., adding unauthorized fees, misstating the principal balance, threatening litigation Defendant did not intend to pursue, threatening criminal prosecution, falsely implying attorney involvement], in violation of 15 U.S.C. § 1692e.

13. Defendant failed to provide the validation notice required by 15 U.S.C. § 1692g(a) within five days of its initial communication, and continued collection activity after Plaintiff's timely written dispute without obtaining and mailing verification, in violation of 15 U.S.C. § 1692g(b).

14. Defendant [reported / threatened to report] the disputed Debt to one or more consumer-reporting agencies without disclosing that the Debt was disputed, in violation of 15 U.S.C. § 1692e(8).

15. The conduct described above was applied to Plaintiff and, on information and belief, to numerous other Utah consumers as part of Defendant's standardized collection practices.

16. As a direct and proximate result of Defendant's conduct, Plaintiff suffered actual damages, including emotional distress, anxiety, embarrassment, lost time, out-of-pocket costs, and damage to credit reputation.

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

17. Plaintiff incorporates Paragraphs 1–16.

18. Defendant violated multiple provisions of the FDCPA, including but not limited to:

• 15 U.S.C. § 1692c(a)(1) — communications at unusual or inconvenient times or places;
• 15 U.S.C. § 1692c(b) — improper third-party communications;
• 15 U.S.C. § 1692c(c) — continued contact after a cease-communication request;
• 15 U.S.C. § 1692d — harassment or abuse;
• 15 U.S.C. § 1692e — false, deceptive, or misleading representations;
• 15 U.S.C. § 1692e(8) — failure to disclose that the debt is disputed;
• 15 U.S.C. § 1692f — unfair or unconscionable means;
• 15 U.S.C. § 1692g — failure to provide validation notice and continued collection after dispute.

19. Pursuant to 15 U.S.C. § 1692k, Plaintiff is entitled to actual damages, statutory damages of up to $1,000, costs of the action, and reasonable attorney fees.

7. COUNT II — UTAH CONSUMER SALES PRACTICES ACT (Deceptive Acts) (Utah Code §§ 13-11-4, 13-11-19)

20. Plaintiff incorporates Paragraphs 1–16.

21. Defendant is a "supplier" and Plaintiff is a "consumer" engaged in a "consumer transaction" within the meaning of Utah Code § 13-11-3, the collection of a consumer debt being incident to a consumer transaction.

22. Defendant's conduct described above constitutes a deceptive act or practice in connection with a consumer transaction in violation of Utah Code § 13-11-4, including:

• Knowingly or intentionally indicating that the subject of a consumer transaction has sponsorship, approval, performance characteristics, accessories, uses, or benefits, if it has not (§ 13-11-4(2)(a));
• Indicating that the subject of a consumer transaction is of a particular standard, quality, grade, style, or model, if it is not (§ 13-11-4(2)(b));
• Indicating that the subject of a consumer transaction has been supplied in accordance with a previous representation, if it has not (§ 13-11-4(2)(g));
• Indicating that a specific price advantage exists, if it does not (§ 13-11-4(2)(h));
• Indicating that the supplier has a sponsorship, approval, or affiliation the supplier does not have (§ 13-11-4(2)(i));
• Misrepresenting the legal rights, obligations, or remedies of a party to a consumer transaction (§ 13-11-4(2)(j) — and consistent with the catch-all of § 13-11-4(1)).

23. Defendant's deceptive practices were committed knowingly or intentionally, exposing Defendant to enhanced recovery and to enforcement remedies of the Utah Division of Consumer Protection. Utah Code § 13-11-17.

24. Pursuant to Utah Code § 13-11-19, Plaintiff is entitled to recover the greater of actual damages OR, for a noneconomic injury, $2,000 plus court costs and reasonable attorney fees, and to an order declaring the conduct unlawful and enjoining its continuation.

8. COUNT III — UTAH CONSUMER SALES PRACTICES ACT (Unconscionable Acts) (Utah Code §§ 13-11-5, 13-11-19)

25. Plaintiff incorporates Paragraphs 1–16.

26. Defendant's conduct, taken as a whole, constitutes an unconscionable act or practice within the meaning of Utah Code § 13-11-5, in that Defendant:

• Took advantage of Plaintiff's inability reasonably to protect Plaintiff's interests because of Plaintiff's physical or mental infirmity, ignorance, illiteracy, inability to understand the language of the agreement, or similar factor;
• Demanded an amount that grossly exceeded any amount actually owed;
• Engaged in coercive or oppressive collection conduct designed to obtain payment by intimidation rather than by lawful process; and
• Pursued collection in a manner that no reasonable supplier would have followed in good faith.

27. Pursuant to Utah Code § 13-11-19, Plaintiff is entitled to actual damages or the noneconomic-injury floor of $2,000, whichever is greater, plus court costs, reasonable attorney fees, and equitable relief.

9. DAMAGES

28. Actual Damages. Plaintiff suffered emotional distress, anxiety, sleep disruption, embarrassment, lost time, out-of-pocket costs, and damage to credit reputation in an amount to be proven at trial, but not less than $[AMOUNT].

29. Statutory Damages — FDCPA. Up to $1,000 under 15 U.S.C. § 1692k(a)(2)(A).

30. Noneconomic-Injury Floor — UCSPA. $2,000 (or the greater of actual damages) under Utah Code § 13-11-19(2) for each unconscionable or deceptive act committed against Plaintiff.

31. Attorney Fees and Costs. 15 U.S.C. § 1692k(a)(3); Utah Code § 13-11-19(5).

32. Equitable Relief. Declaratory and injunctive relief under Utah Code § 13-11-19(1)(a)–(b) enjoining Defendant from further unlawful collection conduct.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

• A. Enter judgment against Defendant for actual damages in an amount to be proven at trial;
• B. Award statutory damages of up to $1,000 under 15 U.S.C. § 1692k(a)(2)(A);
• C. Award the greater of actual damages or $2,000 (per noneconomic injury) under Utah Code § 13-11-19(2);
• D. Issue declaratory relief that Defendant's conduct violates the FDCPA and the UCSPA;
• E. Issue injunctive relief enjoining further unlawful collection conduct under Utah Code § 13-11-19(1)(b);
• F. Award reasonable attorney fees and costs pursuant to 15 U.S.C. § 1692k(a)(3) and Utah Code § 13-11-19(5);
• G. Award pre- and post-judgment interest at the maximum lawful rate (Utah Code §§ 15-1-1, 15-1-4); and
• H. Grant such other and further relief as the Court deems just and proper.

11. JURY DEMAND

Plaintiff demands a trial by jury on all claims so triable as a matter of right. Utah R. Civ. P. 38; Fed. R. Civ. P. 38; Utah Const. art. I, § 10.

12. SIGNATURE BLOCK

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Utah State Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, UTAH ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing COMPLAINT AND JURY DEMAND upon all parties of record by [Utah Courts E-Filing per Utah R. Civ. P. 5 / U.S. Mail / personal service] at the addresses below:

[SERVICE LIST]

[________________________________]

[ATTORNEY NAME]

14. UTAH PRACTICE NOTES

• Forum selection. The District of Utah is the FDCPA forum of choice for most plaintiffs because of well-developed Tenth Circuit case law (e.g., Llewellyn v. Allstate Home Loans, Inc., 711 F.3d 1173 (10th Cir. 2013); Johnson v. Riddle, 305 F.3d 1107 (10th Cir. 2002)). Utah district courts have concurrent jurisdiction. Avoid Justice Court except in the smallest of recoupment-type counterclaims (Utah Code § 78A-7-106 limits Justice Court to claims under $20,000 and excludes equitable relief).
• Limitations. FDCPA: 1 year from violation, 15 U.S.C. § 1692k(d). UCSPA: no bespoke period in Chapter 11; the four-year residual period under Utah Code § 78B-2-307 governs (and the discovery rule may extend accrual). Plead the most recent violation as the trigger date and assert the continuing-violation doctrine where supported.
• No cumulative state debt-collection statute. Utah does not have a state mini-FDCPA. The 2023 repeal of the Utah Collection Agency Act (Title 12, Chapter 1) by H.B. 20 eliminated registration and bonding requirements for collection agencies. Allege FDCPA + UCSPA; do not allege a CFDCPA-style claim.
• UCSPA "consumer transaction" reach to debt collection. Utah courts have generally treated the collection of a consumer debt as incident to a consumer transaction within § 13-11-3, but the question is fact-specific. Plead the underlying consumer transaction (purchase, credit, services) and link Defendant's collection conduct to it.
• UCSPA notice requirement for class certification. Section 13-11-19(4) conditions consumer class actions on prior notice that the conduct is deceptive — typically through (i) an administrative rule under R152-11, (ii) a published Utah judicial decision, or (iii) a consent judgment. Identify the prior-notice predicate at the pleading stage to forestall a motion to strike class allegations.
• Division of Consumer Protection enforcement. The Utah Division of Consumer Protection (Utah Department of Commerce) enforces the UCSPA under § 13-11-17 and may seek civil penalties of up to $2,500 per violation and up to $5,000 per violation against an "elderly person" or "disabled person" (§ 13-11-17.5). A parallel administrative complaint creates regulatory pressure.
• Utah Consumer Credit Code. For consumer credit (closed- and open-end), Utah Code Title 70C may supply additional protections (e.g., § 70C-7-102 prohibition on unconscionable conduct in collection). Plead in the alternative where applicable.
• Bona fide error defense. Defendant may invoke 15 U.S.C. § 1692k(c). Be prepared to seek discovery of compliance procedures, training, scripts, and dialer configuration.
• TCPA overlay. Where Defendant used auto-dialed or pre-recorded calls to a cellular phone without prior express consent, plead a separate TCPA claim under 47 U.S.C. § 227(b) ($500 per call; $1,500 if willful).
• Pre-suit demand. A Rule 408-protected demand letter is not statutorily required but often resolves cases pre-litigation and can support fee enhancement.

15. SOURCES AND REFERENCES

• 15 U.S.C. § 1692 et seq. — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• 15 U.S.C. § 1692g (validation) — 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
• Utah Code Title 13, Chapter 11 (UCSPA) — https://le.utah.gov/xcode/Title13/Chapter11/13-11.html
• Utah Code § 13-11-19 (Actions by consumer) — https://le.utah.gov/xcode/Title13/Chapter11/13-11-S19.html
• Utah Code § 13-11-20 (Actions by enforcing authority) — https://le.utah.gov/xcode/Title13/Chapter11/13-11-S20.html
• Utah Code § 78B-2-307 (residual 4-year limitations) — https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S307.html
• Utah Admin. Code R152-11 (UCSPA Rule) — https://adminrules.utah.gov/public/rule/R152-11/Current%20Rules
• Utah Division of Consumer Protection — https://consumerprotection.utah.gov
• 2023 Utah H.B. 20 (Collection Agency Amendments) — https://le.utah.gov/Session/2023/bills/static/HB0020.html
• Johnson v. Riddle, 305 F.3d 1107 (10th Cir. 2002) (FDCPA bona fide error)
• Llewellyn v. Allstate Home Loans, Inc., 711 F.3d 1173 (10th Cir. 2013) (FDCPA scope)
• CFPB Debt Collection Rule (Reg. F), 12 C.F.R. Part 1006 — https://www.consumerfinance.gov/rules-policy/regulations/1006/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Utah must review and customize this document before filing. Statutory citations and damage caps change; verify all authorities at le.utah.gov and consumerprotection.utah.gov before use.