FDCPA + Wisconsin Consumer Act Violation Complaint

COMPLAINT — FDCPA AND WISCONSIN CONSUMER ACT VIOLATIONS

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — FDCPA (15 U.S.C. § 1692 et seq.)
7. Count II — Wisconsin Consumer Act, ch. 427
8. Count III — Wis. Stat. § 100.18 (Fraudulent Representations)
9. Count IV — Wis. Stat. § 218.04 (Unlicensed Collection Agency)
10. Damages and Prayer for Relief
11. Jury Demand
12. Signature and Certificate of Service
13. Wisconsin Practice Notes
14. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

[EASTERN / WESTERN] DISTRICT OF WISCONSIN

Case No. [________________________________]

COMPLAINT FOR DAMAGES — JURY TRIAL DEMANDED

2. INTRODUCTION

2.1. This is an action for damages, statutory penalties, costs, and attorney's fees brought by Plaintiff [PLAINTIFF NAME] ("Plaintiff"), an individual consumer, against Defendant(s) for violations of the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq., the Wisconsin Consumer Act ("WCA"), Wis. Stat. chs. 421–427, the Wisconsin Deceptive Trade Practices Act, Wis. Stat. § 100.18, and Wis. Stat. § 218.04 (Collection Agencies).

2.2. The WCA is intentionally broader than the FDCPA: it reaches both third-party debt collectors and original creditors collecting their own consumer debts, and supplies independent statutory damages (Wis. Stat. § 425.304) and a mandatory attorney-fee shift (Wis. Stat. § 425.308).

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction over the FDCPA claim under 28 U.S.C. § 1331 and 15 U.S.C. § 1692k(d).

3.2. The Court has supplemental jurisdiction over Plaintiff's WCA, § 100.18, and § 218.04 claims under 28 U.S.C. § 1367 because they arise from the same case or controversy.

3.3. Venue is proper in this District under 28 U.S.C. § 1391(b) because Plaintiff resides in [COUNTY] County, Wisconsin, and the unlawful conduct occurred in this District.

4. PARTIES

4.1. Plaintiff [PLAINTIFF NAME] is a natural person residing at [STREET, CITY, WISCONSIN ZIP], and is a "consumer" within the meaning of 15 U.S.C. § 1692a(3) and a "customer" within the meaning of Wis. Stat. § 421.301(17).

4.2. Defendant [DEFENDANT NAME] is a [entity type] with its principal place of business at [ADDRESS], doing business in Wisconsin, and is:

• A "debt collector" within the meaning of 15 U.S.C. § 1692a(6); and/or
• A "debt collector" within the meaning of Wis. Stat. § 427.103(3) (which expressly reaches creditors collecting their own debts).

4.3. The alleged debt at issue (the "Debt") arose from a transaction in which the money, property, insurance, or services were primarily for personal, family, or household purposes, and is therefore a "debt" under 15 U.S.C. § 1692a(5) and a "consumer credit transaction" or "consumer transaction" under Wis. Stat. § 421.301(10) and (13).

5. FACTUAL ALLEGATIONS

5.1. On or about [DATE], Plaintiff allegedly incurred the Debt for [describe transaction — e.g., a consumer credit card, medical billing, retail charge account].

5.2. On or about [DATE], Defendant began attempting to collect the Debt from Plaintiff by [telephone calls / letters / electronic communication] (the "Collection Communications").

5.3. [Describe specific conduct — e.g., calls before 8:00 a.m. or after 9:00 p.m.; calls to Plaintiff's workplace after Plaintiff told Defendant such calls were prohibited; threats of arrest, lawsuit, or wage garnishment without intent or right to take such action; misrepresentation of the amount owed or legal status of the Debt; failure to provide § 1692g validation; communicating with third parties; obscene or abusive language; continuing collection after notice of dispute].

5.4. On [DATE], Plaintiff sent Defendant a written request disputing the Debt and demanding validation under 15 U.S.C. § 1692g(b). Defendant [failed to cease collection / failed to provide validation / continued collection without verification].

5.5. Defendant's communications represented [describe specific false statement — e.g., that suit had been filed, that wages would be garnished, that the account had been "referred to legal," that interest/fees were owed at a rate not authorized by contract or law], which representations were materially false.

5.6. Defendant [is / is not] licensed as a collection agency under Wis. Stat. § 218.04. [If unlicensed: Defendant operated as a collection agency in Wisconsin without the license required by § 218.04(1).]

5.7. Plaintiff suffered actual damages as a result of Defendant's conduct, including but not limited to emotional distress, mental anguish, anxiety, embarrassment, lost time, postage and copying costs, and [other specific harms].

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

6.1. Plaintiff incorporates Paragraphs 1.1 through 5.7.

6.2. Defendant violated the FDCPA, including without limitation:

• 15 U.S.C. § 1692c(a) (communicating at unusual or inconvenient times/places);
• 15 U.S.C. § 1692c(b) (third-party communication);
• 15 U.S.C. § 1692d (harassment, oppression, abuse);
• 15 U.S.C. § 1692e (false, deceptive, or misleading representations), including § 1692e(2) (false amount/legal status), § 1692e(5) (threat of action that cannot legally be taken or is not intended), § 1692e(10) (false or deceptive means), § 1692e(11) (failure to disclose communication is from a debt collector);
• 15 U.S.C. § 1692f (unfair or unconscionable means), including § 1692f(1) (collecting amount not authorized);
• 15 U.S.C. § 1692g(a) (failure to send validation notice within 5 days); and
• 15 U.S.C. § 1692g(b) (failure to cease collection upon dispute).

6.3. Plaintiff is entitled to actual damages, statutory damages up to $1,000, costs, and reasonable attorney's fees under 15 U.S.C. § 1692k.

7. COUNT II — WISCONSIN CONSUMER ACT, CH. 427

7.1. Plaintiff incorporates Paragraphs 1.1 through 6.3.

7.2. Defendant violated Wis. Stat. § 427.104(1), including without limitation:

• (a) Threatening to use force or violence; or
• (f) Disclosing or threatening to disclose information concerning a debt known to be reasonably disputed without disclosing the dispute;
• (g) Communicating with the customer with such frequency or at such unusual hours or in such a manner as can reasonably be expected to threaten or harass the customer;
• (h) Engaging in other conduct reasonably expected to threaten or harass;
• (i) Using obscene or threatening language;
• (j) Claiming, attempting, or threatening to enforce a right with knowledge or reason to know the right does not exist;
• (k) Using a communication that simulates legal or judicial process;
• (L) Threatening action that the debt collector cannot or does not intend to take.

7.3. Pursuant to Wis. Stat. § 427.105 and § 425.301 et seq., Plaintiff is entitled to:

• Actual damages, including damages for emotional distress and mental anguish, with or without physical injury (Wis. Stat. § 427.105(1));
• Twice the amount of the finance charge, not less than $100 nor greater than $1,000 (Wis. Stat. § 425.304);
• Reasonable attorney's fees (Wis. Stat. § 425.308); and
• Punitive damages where appropriate (Wis. Stat. § 425.301(1)).

8. COUNT III — WIS. STAT. § 100.18 (FRAUDULENT REPRESENTATIONS)

8.1. Plaintiff incorporates Paragraphs 1.1 through 7.3.

8.2. With the intent to induce Plaintiff to pay money, Defendant made representations to the public — including to Plaintiff, who was a member of the public with no prior particular relationship to Defendant — including: [describe representation, e.g., that the Debt was lawfully owed in the amount stated; that suit had been or would be filed; that wages or property would be seized].

8.3. The representations were untrue, deceptive, or misleading, in that [explain falsity].

8.4. Plaintiff sustained pecuniary loss in the amount of $[AMOUNT], including [payments made / fees / costs / interest], as a result.

8.5. Plaintiff is entitled to recover pecuniary loss, costs, and reasonable attorney's fees under Wis. Stat. § 100.18(11)(b)2.

9. COUNT IV — WIS. STAT. § 218.04 (UNLICENSED COLLECTION AGENCY)

9.1. Plaintiff incorporates Paragraphs 1.1 through 8.5.

9.2. Defendant engaged in the business of collecting accounts owed to others within Wisconsin without a collection-agency license issued by the Wisconsin Department of Financial Institutions, in violation of Wis. Stat. § 218.04(1).

9.3. Plaintiff is entitled to all remedies available under the WCA, § 100.18, and at common law.

10. DAMAGES AND PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against Defendant(s) for:

• A. Actual damages, including emotional-distress and mental-anguish damages;
• B. FDCPA statutory damages up to $1,000 per 15 U.S.C. § 1692k(a)(2)(A);
• C. WCA statutory damages of the greater of twice the finance charge or $100, capped at $1,000, per Wis. Stat. § 425.304;
• D. Pecuniary loss and other relief under Wis. Stat. § 100.18(11)(b)2;
• E. Punitive damages where supported by clear and convincing evidence;
• F. Reasonable attorney's fees and costs under 15 U.S.C. § 1692k(a)(3) and Wis. Stat. § 425.308 and § 100.18(11)(b)2;
• G. Pre- and post-judgment interest as allowed by law;
• H. Such other and further relief as the Court deems just and proper.

11. JURY DEMAND

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

12. SIGNATURE AND CERTIFICATE OF SERVICE

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

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

Counsel for Plaintiff

[STREET ADDRESS], [CITY, WI ZIP]

Tel: [NUMBER] | Email: [EMAIL]

CERTIFICATE OF SERVICE

I certify that on [DATE], the foregoing was served on Defendant(s) via [summons and complaint per Fed. R. Civ. P. 4 / Wis. Stat. § 801.11] at the address(es) below:

[SERVICE LIST]

[________________________________]

[ATTORNEY NAME]

13. WISCONSIN PRACTICE NOTES

• WCA scope. The Wisconsin Consumer Act reaches original creditors collecting their own consumer debts — not just third-party collectors. This is a substantive expansion over the FDCPA. See Wis. Stat. § 427.103(3); DFI guidance at https://dfi.wi.gov.
• Damages stack. A plaintiff may recover FDCPA statutory damages and WCA statutory damages in the same action (separate statutory schemes), in addition to actual damages. The WCA does not allow doubling between § 425.302 actual damages and § 425.304 statutory damages on the same violation, but emotional-distress damages are expressly recoverable under § 427.105.
• Attorney's fees. Both 15 U.S.C. § 1692k(a)(3) and Wis. Stat. § 425.308 provide for fee recovery to a prevailing customer. § 100.18(11)(b)2 likewise authorizes fees.
• Limitations. FDCPA: 1 year (§ 1692k(d)). WCA penalties: 1 year (§ 425.307). WCA actual damages: 6 years (§ 893.93(1m)(b)). § 100.18: 3 years (§ 100.18(11)(b)3).
• Bona fide error. Both the FDCPA (§ 1692k(c)) and WCA (§ 425.301(3)) recognize a bona fide error defense; plead intentional or reckless conduct where supported.
• Licensing. Verify defendant's Wis. Stat. § 218.04 collection-agency license at the DFI licensee search before filing the unlicensed-agency count.
• Class actions. WCA class actions are authorized under Wis. Stat. § 426.110.
• Cure offer. Wis. Stat. § 425.205 provides a "right to cure" mechanism by the creditor for some defaults; this is unrelated to FDCPA validation but relevant to default claims.

14. SOURCES AND REFERENCES

• Wis. Stat. ch. 427 — https://docs.legis.wisconsin.gov/statutes/statutes/427
• Wis. Stat. § 427.104 — https://docs.legis.wisconsin.gov/statutes/statutes/427/104
• Wis. Stat. § 425.301 — https://docs.legis.wisconsin.gov/statutes/statutes/425/iii/301
• Wis. Stat. § 425.302 — https://docs.legis.wisconsin.gov/statutes/statutes/425/iii/302
• Wis. Stat. § 425.304 — https://docs.legis.wisconsin.gov/statutes/statutes/425/iii/304
• Wis. Stat. § 425.308 (attorney's fees) — https://docs.legis.wisconsin.gov/statutes/statutes/425
• Wis. Stat. § 100.18 — https://docs.legis.wisconsin.gov/document/statutes/100.18
• Wis. Stat. § 218.04 — https://docs.legis.wisconsin.gov/document/statutes/218.04
• 15 U.S.C. § 1692 et seq. (FDCPA) — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• DFI WCA Debt Collection page — https://dfi.wi.gov/Pages/ConsumerServices/WisconsinConsumerAct/DebtCollectionGeneralPractices.aspx
• DATCP Bureau of Consumer Protection — https://datcp.wi.gov
• Wisconsin DOJ Consumer Protection — https://www.doj.state.wi.us/dls/consumer-protection
• K&S Tool & Die Corp. v. Perfection Mach. Sales, 2007 WI 70 (§ 100.18 elements)
• State v. Automatic Merchandisers, 64 Wis. 2d 659 (1974) ("the public" element)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. A Wisconsin-licensed attorney must review and tailor this complaint before filing. Statutory amounts, limitations periods, and rules change; verify all authorities before use.