FDCPA Violation Complaint - Wyoming

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

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Pre-Suit Notice and "Uncured" Status under Wyo. Stat. § 40-12-109
7. Count I — Violations of the FDCPA, 15 U.S.C. § 1692 et seq.
8. Count II — Violations of the Wyoming Consumer Protection Act
9. Prayer for Relief
10. Demand for Jury Trial
11. Signature and Service Blocks
12. Certificate of Service
13. Wyoming Practice Notes
14. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

DISTRICT OF WYOMING

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 Wyoming Consumer Protection Act ("WCPA"), Wyo. Stat. §§ 40-12-101 through 40-12-114, to redress Defendant's abusive, deceptive, and unfair debt-collection practices directed at Plaintiff, a Wyoming 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. Wyo. Stat. § 40-12-105 requires a knowing deceptive trade practice in the course of business and in connection with a consumer transaction. A debt-collection communication alone does not establish those elements. Include the WCPA count only if the specific transaction, practice, actual damage, and notice-and-cure prerequisites can be pleaded and proved.

4. Plaintiff has complied with the pre-suit notice and cure provisions of Wyo. Stat. § 40-12-109 and Wyo. Stat. § 40-12-102(a)(viii)-(ix). The deceptive practices alleged below have become "uncured unlawful deceptive trade practices" within the meaning of the WCPA.

5. Plaintiff seeks actual damages, statutory damages, costs, and reasonable attorney 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 the Wyoming state-law claim (Count II) pursuant to 28 U.S.C. § 1367(a) because it forms part of the same case or controversy as the federal 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 this District, and Plaintiff resides in [COUNTY] County, Wyoming.

4. PARTIES

4.1. Plaintiff [PLAINTIFF NAME] is a natural person residing in [COUNTY] County, Wyoming, and is a "consumer" as defined by 15 U.S.C. § 1692a(3).

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). On information and belief, Defendant is or is required to be licensed as a collection agency by the Wyoming Collection Agency Board under Wyo. Stat. §§ 33-11-101 through 33-11-117.

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.

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"). The transaction is also a "consumer transaction" within the meaning of Wyo. Stat. § 40-12-102(a)(ii).

5.2. On or about [DATE], 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. [DATE] — 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 / continued to call or otherwise collect before sending verification / sued without first sending verification] in violation of 15 U.S.C. § 1692g(b).

5.6. Defendant's representations to Plaintiff regarding the character, amount, or legal status of the Alleged Debt were knowingly false, were made in connection with a consumer transaction as defined by Wyo. Stat. § 40-12-102(a)(ii), and constitute deceptive trade practices under Wyo. Stat. § 40-12-105.

5.7. 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. PRE-SUIT NOTICE AND "UNCURED" STATUS UNDER WYO. STAT. § 40-12-109

6.1. On [__/__/____], within one (1) year of Plaintiff's initial discovery of the deceptive practices alleged herein and within two (2) years of the consumer transaction, Plaintiff served upon Defendant a written notice describing the nature of the unlawful deceptive trade practice and the actual damages suffered, as required by Wyo. Stat. § 40-12-109. A true and correct copy of that notice is attached as Exhibit B.

6.2. More than fifteen (15) days have passed since service of the § 40-12-109 notice. Defendant [did not respond / made no offer to cure / made an offer to cure that was inadequate to conform the consumer transaction to Plaintiff's reasonable expectations / accepted Plaintiff's acceptance of the offer to cure but failed to perform within a reasonable time].

6.3. The deceptive trade practices alleged in this Complaint have therefore become "uncured unlawful deceptive trade practices" within the meaning of Wyo. Stat. § 40-12-102(a)(ix), and Plaintiff is entitled to bring a private action under Wyo. Stat. § 40-12-108.

6.4. This action has been initiated within one (1) year after the furnishing of the § 40-12-109 notice and is therefore timely under the WCPA.

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

7.1. Plaintiff realleges and incorporates Paragraphs 1 through 6.4.

7.2. 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 contact;
• 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 (§ 1692e(5));
• 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.

7.3. 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)].

7.4. Under 15 U.S.C. § 1692k, Plaintiff seeks actual damages, such additional damages as the court may allow, not exceeding $1,000 in this individual action, and reasonable attorney fees and costs.

8. COUNT II — VIOLATIONS OF THE WYOMING CONSUMER PROTECTION ACT

8.1. Plaintiff realleges and incorporates Paragraphs 1 through 7.4.

8.2. Defendant is a "person" within Wyo. Stat. § 40-12-102(a)(i). The identified consumer transaction was [DESCRIBE ADVERTISING, OFFERING, SALE, OR DISTRIBUTION OF MERCHANDISE TO AN INDIVIDUAL FOR PRIMARILY PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES]. Defendant's particular conduct was connected with that transaction because [SPECIFIC FACTS]. Omit this count if the connection cannot be established; the existence of a consumer debt alone does not establish it.

8.3. Defendant knowingly engaged in the following deceptive trade practices declared unlawful by Wyo. Stat. § 40-12-105:

• § 40-12-105(a)(viii) — representing that a consumer transaction involves rights, remedies, or obligations the representation of which is false (e.g., misrepresenting the legal enforceability or status of the Alleged Debt);
• § 40-12-105(a)(vii) — making false or misleading statements of fact concerning the price of identified merchandise or a price reduction, if the pleaded communication actually concerned that price; a debt balance alone does not establish this subsection;
• § 40-12-105(a)(xv) — engaging in unfair or deceptive acts or practices.

8.4. Plaintiff has fully complied with the notice requirements of Wyo. Stat. § 40-12-109. The practices have become "uncured unlawful deceptive trade practices" under Wyo. Stat. § 40-12-102(a)(ix).

8.5. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered actual damages within the meaning of Wyo. Stat. § 40-12-108(a), including [out-of-pocket payments made under threat / fees and charges incurred / damaged credit-reporting history / time and expense spent disputing the Alleged Debt], in the amount of approximately $[AMOUNT].

8.6. Pursuant to Wyo. Stat. § 40-12-108(a), Plaintiff is entitled to recover the actual damages sustained as a result of Defendant's unlawful deceptive trade practices.

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);
  Such additional damages as the court may allow, not exceeding $1,000 in this individual action, under 15 U.S.C. § 1692k(a)(2)(A);

• C. Actual damages pursuant to Wyo. Stat. § 40-12-108(a);

• D. Reasonable attorney fees and costs pursuant to 15 U.S.C. § 1692k(a)(3);
• E. Pre-judgment and post-judgment interest as allowed by law;
• F. 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, W.R.C.P. 38).

11. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

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

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 at the following addresses:

[SERVICE LIST WITH ADDRESSES]

[________________________________]

[ATTORNEY NAME]

13. WYOMING PRACTICE NOTES

• Forum choice. The FDCPA is enforceable in any court of competent jurisdiction. 15 U.S.C. § 1692k(d). Federal court (D. Wyo.) is typical because of mature fee-shifting precedent, uniform procedure, and access to Tenth Circuit FDCPA jurisprudence. State-court actions proceed in Wyoming district court under the Wyoming Rules of Civil Procedure.
• Statute of limitations — FDCPA. ONE (1) year from the date of the violation, 15 U.S.C. § 1692k(d). Each violation accrues separately. Rotkiske v. Klemm, 589 U.S. 8 (2019), rejects a default discovery rule absent fraud-based equitable tolling.
• Statute of limitations — WCPA. Wyo. Stat. § 40-12-109 imposes a two-step deadline: (a) written pre-suit notice within ONE (1) year of discovery or TWO (2) years of the consumer transaction, whichever first; and (b) suit within ONE (1) year after the notice is furnished. Failure to comply bars the claim.
• Pre-suit notice and cure — Wyo. Stat. § 40-12-109; § 40-12-102(a)(viii)-(ix). The notice must "state fully" the nature of the practice and the actual damages. The defendant has fifteen (15) days to make a written offer to cure (adjustment or rescission). The practice must become "uncured" before suit. Counsel should send the notice by U.S. Certified Mail Return Receipt Requested and retain proof of mailing and receipt.
• Debt-collection licensing. Wyoming collection-agency licensing may apply under Wyo. Stat. §§ 33-11-101 through 33-11-117. Assess any federal misrepresentation or prohibited-action claim under the applicable FDCPA provision. Unlicensed activity alone does not establish a § 40-12-105(a) consumer-transaction claim.
• WCPA scope is narrow. The WCPA reaches only the practices enumerated in Wyo. Stat. § 40-12-105 and only when committed knowingly and in connection with a consumer transaction. Wyoming courts have construed the statute restrictively. Do not rely on § 40-12-105(a)(xv) ("unfair or deceptive acts or practices") as a stand-alone hook; pair it with one or more enumerated subsections.
• WCPA damages — actual only; no fees in individual actions. Wyo. Stat. § 40-12-108(a) authorizes "the damages [the consumer] has actually suffered." Subsection (b) authorizes reasonable attorney fees in CLASS ACTIONS only, computed by lodestar. There is no treble, double, statutory-minimum, or punitive multiplier on the WCPA private right of action. Fee recovery in mixed FDCPA/WCPA cases will travel through 15 U.S.C. § 1692k(a)(3).
• Exclusivity. Wyo. Stat. § 40-12-114 makes the WCPA's remedies exclusive for actions brought under the WCPA, but does not preempt independent common-law claims (e.g., invasion of privacy by intrusion upon seclusion, intentional infliction of emotional distress, defamation) or claims under other federal or state statutes. Pleading common-law tort counts in parallel can support punitive damages where fact-supported.
• Tenth Circuit "least sophisticated consumer" standard. The Tenth Circuit (which includes Wyoming) applies the "least sophisticated consumer" standard for analyzing § 1692e claims. Ferree v. Marianos, 129 F.3d 130 (10th Cir. 1997) (Table). The standard is consumer-protective.
• Bona fide error defense. Defendants may raise the § 1692k(c) defense; Plaintiff should anticipate by alleging knowing or reckless conduct and the absence of reasonable preventive procedures.
• Pre-suit demand letters. Required for the WCPA count. Strongly recommended for the FDCPA count even though not required, both to support fee shifting and to produce settlements.
• Credit-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.
• CFPB Regulation F. 12 C.F.R. Part 1006 (effective Nov. 30, 2021) imposes additional federal limits — e.g., the seven-in-seven call cap (§ 1006.14(b)) and validation-notice content rules (§ 1006.34). Violations of Regulation F also violate § 1692f(1) of the FDCPA.

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
• Wyoming Consumer Protection Act, Wyo. Stat. §§ 40-12-101 through 40-12-114 — https://wyoleg.gov/statutes/compress/title40.pdf
• Wyo. Stat. § 40-12-102 (definitions) — https://law.justia.com/codes/wyoming/title-40/chapter-12/article-1/section-40-12-102/
• Wyo. Stat. § 40-12-105 (unlawful practices) — https://law.justia.com/codes/wyoming/title-40/chapter-12/article-1/section-40-12-105/
• Wyo. Stat. § 40-12-108 (private remedies) — https://law.justia.com/codes/wyoming/title-40/chapter-12/article-1/section-40-12-108/
• Wyo. Stat. § 40-12-109 (limitation of actions) — https://law.justia.com/codes/wyoming/title-40/chapter-12/article-1/section-40-12-109/
• Wyo. Stat. § 40-12-114 (effect on other remedies) — https://law.justia.com/codes/wyoming/title-40/chapter-12/article-1/section-40-12-114/
• Wyoming Collection Agency Act, Wyo. Stat. §§ 33-11-101 through 33-11-117 — https://wyoleg.gov/
• Rotkiske v. Klemm, 589 U.S. 8 (2019) — https://www.supremecourt.gov/opinions/19pdf/18-328_pm02.pdf
• Ferree v. Marianos, 129 F.3d 130 (10th Cir. 1997) (Table) — Tenth Circuit "least sophisticated consumer" standard
• CFPB Debt Collection Rule (Regulation F), 12 C.F.R. Part 1006 — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• Wyoming Attorney General — Consumer Protection and Antitrust Unit — https://attorneygeneral.wyo.gov/law-office-division/consumer-protection-and-antitrust-unit
• U.S. District Court for the District of Wyoming — https://www.wyd.uscourts.gov/

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