FDCPA Violation Complaint - Vermont

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

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 Vermont Consumer Protection Act, 9 V.S.A. §§ 2451 et seq.
8. Count III — Violations of Vermont Consumer Protection Rule CF 104
9. Prayer for Relief
10. Demand for Jury Trial
11. Signature and Service Blocks
12. Certificate of Service
13. Vermont Practice Notes
14. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

DISTRICT OF VERMONT

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, and the Vermont Consumer Protection Act ("VTCPA"), 9 V.S.A. §§ 2451-2466, to redress Defendant's abusive, deceptive, and unfair debt-collection practices directed at Plaintiff, a Vermont 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 Vermont General Assembly enacted the VTCPA "to complement enforcement of [the Federal Trade Commission Act]" and to protect Vermonters against unfair and deceptive trade practices in commerce. 9 V.S.A. § 2451. The Vermont Attorney General has exercised the rule-making authority of 9 V.S.A. § 2453(c) to promulgate Consumer Protection Rule CF 104, which regulates debt-collection conduct in Vermont.

4. Plaintiff seeks actual damages, statutory damages, exemplary damages of up to three times the consideration paid by Plaintiff, 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 Counts II and III (the Vermont state-law claims) pursuant to 28 U.S.C. § 1367(a) because they form part of the same case or controversy as the federal FDCPA claim.

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 the District of Vermont, and Plaintiff resides in [COUNTY] County, Vermont.

3.4. Personal jurisdiction over Defendant is proper because Defendant transacted business in Vermont by directing collection activity to a Vermont resident, satisfying Vermont's long-arm statute, 12 V.S.A. § 913, and constitutional due-process minimum contacts.

4. PARTIES

4.1. Plaintiff [PLAINTIFF NAME] is a natural person residing in [COUNTY] County, Vermont, and is a "consumer" as defined by 15 U.S.C. § 1692a(3) and a "consumer" within the meaning of 9 V.S.A. § 2451a(a).

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 a "debt collector" within the meaning of Vermont Consumer Protection Rule CF 104.07.

4.3. [Optional] Defendant [CREDITOR / DEBT BUYER] is a [corporation / LLC] that [purchases / owns] the alleged debt at issue and uses Defendant [DEBT COLLECTOR] to collect it. Both Defendants engaged in "commerce" within the meaning of 9 V.S.A. § 2451a(b).

5. FACTUAL ALLEGATIONS

5.1. The alleged debt at issue is a "debt" within the meaning of 15 U.S.C. § 1692a(5) 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 [__/__/____], 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, 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. On [__/__/____], 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).

5.6. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered [describe injury — emotional distress, anxiety, sleeplessness, lost wages, attorney consultation fees, damaged credit reputation, and out-of-pocket expenses].

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

6.1. Plaintiff realleges and incorporates Paragraphs 1 through 5.6.

6.2. Defendant 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 the workplace after notice that the employer prohibits such communication;
• 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 or that is not intended to be taken (§ 1692e(5));
• 15 U.S.C. § 1692e(8) — communicating credit information to a consumer reporting agency without disclosing the disputed status of the Alleged Debt;
• 15 U.S.C. § 1692f — using unfair or unconscionable means to collect the Alleged Debt;
• 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] within the meaning of 15 U.S.C. § 1692k(c).

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 VERMONT CONSUMER PROTECTION ACT, 9 V.S.A. §§ 2451 ET SEQ.

7.1. Plaintiff realleges and incorporates Paragraphs 1 through 6.4.

7.2. The collection of consumer debt is "commerce" within the meaning of 9 V.S.A. § 2451a(b), and Plaintiff is a "consumer" within the meaning of 9 V.S.A. § 2451a(a).

7.3. Defendant engaged in "unfair methods of competition in commerce and unfair or deceptive acts or practices in commerce" prohibited by 9 V.S.A. § 2453(a), including but not limited to:

• Misrepresenting the character, amount, or legal status of the Alleged Debt;
• Threatening action that Defendant could not lawfully take or did not intend to take;
• Failing to disclose the disputed status of the Alleged Debt to credit bureaus;
• Communicating with Plaintiff at unreasonable times and places;
• Communicating with third parties without authorization; and
• Failing to validate the Alleged Debt upon timely written request.

7.4. Plaintiff contracted for [goods / services] or sustained damages in reliance upon and as a direct and proximate result of Defendant's false or fraudulent representations and practices prohibited by 9 V.S.A. § 2453.

7.5. Pursuant to 9 V.S.A. § 2461(b), Plaintiff is entitled to recover:

• The amount of Plaintiff's damages OR the consideration or value of the consideration given by Plaintiff;
• Reasonable attorney's fees;
• Exemplary damages not exceeding three (3) times the value of the consideration given by Plaintiff; and
• Appropriate equitable relief.

7.6. Any contractual language purporting to waive, exclude, or modify the foregoing recovery is unenforceable under 9 V.S.A. § 2461(b).

8. COUNT III — VIOLATIONS OF VERMONT CONSUMER PROTECTION RULE CF 104

8.1. Plaintiff realleges and incorporates Paragraphs 1 through 7.6.

8.2. The Vermont Attorney General, pursuant to 9 V.S.A. § 2453(c), promulgated Consumer Protection Rule CF 104 ("Rule CF 104") governing debt-collection conduct directed at Vermont consumers.

8.3. A violation of Rule CF 104 constitutes a per se violation of 9 V.S.A. § 2453(a) and supports a private right of action under 9 V.S.A. § 2461(b).

8.4. Defendant violated Rule CF 104 in one or more of the following ways:

• CF 104.03 (harassment or abuse) — using profane or abusive language; causing the telephone to ring repeatedly; calling without disclosure of identity;
• CF 104.04 (false or misleading representations) — misrepresenting the character, amount, or legal status of the debt; falsely representing that nonpayment will result in arrest, garnishment, or seizure;
• CF 104.05 (unfair practices) — collecting amounts not authorized by the agreement creating the debt or by Vermont law; communicating by postcard or with a symbol indicating debt collection on the envelope;
• CF 104.06 (unreasonable publication) — communicating with third parties about the debt;
• CF 104.07-.08 (definition / disclosure obligations) — failing to identify as a debt collector and to disclose required validation information.

8.5. Each violation of Rule CF 104 entitles Plaintiff to the full remedies provided by 9 V.S.A. § 2461(b), as set forth in Count II above.

9. PRAYER FOR RELIEF

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

• A. Actual damages pursuant to 15 U.S.C. § 1692k(a)(1) and 9 V.S.A. § 2461(b);
• B. Statutory damages of $1,000 pursuant to 15 U.S.C. § 1692k(a)(2)(A);
• C. The consideration or value of the consideration given by Plaintiff pursuant to 9 V.S.A. § 2461(b);
• D. Exemplary damages of up to three (3) times the consideration given by Plaintiff pursuant to 9 V.S.A. § 2461(b);
• E. Reasonable attorney's fees and costs pursuant to 15 U.S.C. § 1692k(a)(3) and 9 V.S.A. § 2461(b);
• F. Pre-judgment and post-judgment interest as allowed by law (12 V.S.A. § 2903);
• G. Injunctive relief restraining Defendant from further violative collection activity directed at Plaintiff;
• H. 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, V.R.C.P. 38). Pursuant to 9 V.S.A. § 2461(b), a defendant in a consumer action under that section is also entitled to demand jury trial unless waived.

11. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Vt. Bar ERN [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. 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 V.R.C.P. 4 in state court) at the following addresses:

[SERVICE LIST WITH ADDRESSES]

[________________________________]

[ATTORNEY NAME]

13. VERMONT PRACTICE NOTES

• Forum choice. The FDCPA is enforceable in any court of competent jurisdiction. 15 U.S.C. § 1692k(d). The U.S. District Court for the District of Vermont (single division, Burlington and Rutland courthouses) is the typical federal forum. Vermont Superior Court — Civil Division is the state forum; small claims (≤ $10,000) is available where no equitable relief is sought, but exemplary damages under § 2461(b) typically warrant Civil Division.
• Statutes of limitations. Federal FDCPA: ONE (1) year, 15 U.S.C. § 1692k(d), with each violation accruing separately. Rotkiske v. Klemm, 589 U.S. 8 (2019) rejects a default discovery rule absent fraud-based equitable tolling. Vermont CPA: courts generally apply the six-year residual SOL of 12 V.S.A. § 511 to consumer-fraud claims; verify with current Vermont case law before relying.
• VTCPA remedies are robust. 9 V.S.A. § 2461(b) entitles a prevailing consumer to actual damages OR consideration paid, attorney's fees, AND exemplary damages up to 3x consideration, plus equitable relief. Any contractual waiver is unenforceable. The Vermont Supreme Court has held attorney's fees mandatory upon a finding of a § 2453 violation. See Beaudry v. Watkins, 158 Vt. 559 (1992).
• "Unfair or deceptive" construed by reference to FTC Act § 5. 9 V.S.A. § 2453(b). Vermont courts look to the FTC's three-part unfairness test (substantial injury, not reasonably avoidable, not outweighed by benefits) and to deceptive-practices precedent (representation, omission, or practice likely to mislead a reasonable consumer acting reasonably under the circumstances).
• Rule CF 104 per se theory. A violation of Vermont AG Consumer Protection Rule CF 104 is itself a violation of § 2453 and unlocks § 2461(b) remedies. Pleading a CF 104 count alongside the federal FDCPA strengthens settlement leverage.
• Second Circuit standards govern federal FDCPA claims. Use the "least sophisticated consumer" standard of Clomon v. Jackson, 988 F.2d 1314 (2d Cir. 1993); see also Jacobson v. Healthcare Fin. Servs., 516 F.3d 85 (2d Cir. 2008) (materiality requirement for § 1692e claims).
• Bona fide error defense. 15 U.S.C. § 1692k(c) requires defendant to show the violation was unintentional and resulted from procedures reasonably adapted to avoid such error. Pre-empt by alleging knowing or reckless conduct.
• Consumer reporting overlay. If Defendant reported the disputed debt to a CRA without noting the dispute, add a Fair Credit Reporting Act count (15 U.S.C. § 1681s-2(b)) after submitting an indirect dispute through the CRA.
• Pre-suit demand letters. Not required, but the VTCPA's mandatory fee-shifting provision often produces settlement before litigation. Send by certified mail and preserve receipts.
• Class actions. The VTCPA does not bar private class actions and Vermont follows V.R.C.P. 23 for state-court certification. FDCPA class actions remain available under 15 U.S.C. § 1692k(a)(2)(B).

14. 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
• Vermont Consumer Protection Act, 9 V.S.A. ch. 63 — https://legislature.vermont.gov/statutes/fullchapter/09/063
• 9 V.S.A. § 2453 (prohibited practices) — https://legislature.vermont.gov/statutes/section/09/063/02453
• 9 V.S.A. § 2461 (civil penalty; consumer remedies) — https://legislature.vermont.gov/statutes/section/09/063/02461
• Vermont Consumer Protection Rule CF 104 (Debt Collection) — https://ago.vermont.gov/laws-and-regulations
• 12 V.S.A. § 511 (general civil action limitations) — https://legislature.vermont.gov/statutes/section/12/071/00511
• Vermont Attorney General — Consumer Assistance Program — https://ago.vermont.gov/cap
• Office of the Vermont Attorney General — Debt Collectors — https://ago.vermont.gov/divisions/consumer-protection/money-and-credit/debt-collectors
• Clomon v. Jackson, 988 F.2d 1314 (2d Cir. 1993) (least-sophisticated-consumer standard)
• Easterling v. Collecto, Inc., 692 F.3d 229 (2d Cir. 2012)
• Jacobson v. Healthcare Fin. Servs., 516 F.3d 85 (2d Cir. 2008) (materiality)
• Rotkiske v. Klemm, 589 U.S. 8 (2019) (FDCPA SOL accrual)
• Beaudry v. Watkins, 158 Vt. 559 (1992) (mandatory attorney's fees under VTCPA)
• CFPB Debt Collection Rule (Regulation 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 Vermont must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.