The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt. The FDCPA applies only to those who regularly engage in the business of collecting debts for others -- primarily to collection agencies. The Act does not apply when a creditor attempts to collect debts owed to it by directly contacting the debtors. It applies only to the collection of consumer debts and does not apply to the collection of commercial debts. Consumer debts are debts for personal, home, or family purposes. The collector is restricted in the type of contact he can make with the debtor.
This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
South Dakota Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act Description: This South Dakota complaint filed by a debtor addresses the unlawful and distressing act of posting notices of indebtedness in and around the plaintiff's house. The defendant's actions have caused intentional infliction of mental anguish on the plaintiff, which is a clear violation of the Federal Fair Debt Collection Practices Act (FD CPA). These notices, often referred to as "debt shaming," are typically placed in visible locations to publicly display the plaintiff's financial obligations. Such actions not only invade the plaintiff's privacy but also aim to shame and humiliate them, causing severe emotional distress and mental anguish. The complaint states that the defendant's actions directly violate the FD CPA, which sets strict guidelines on how debt collectors must conduct their activities. By posting notices of indebtedness in a public and visible manner, the defendant has crossed the line and exceeded the boundaries established by the FD CPA, thereby subjecting themselves to legal repercussions. Variations of South Dakota Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act may include: 1. Class Action Complaint: In instances where multiple debtors have been subjected to similar actions by the same defendant, a class action complaint may be filed. This allows multiple plaintiffs to join forces and seek justice collectively, magnifying the impact of the lawsuit. 2. Additional Claims of Defamation: If the posted notices include false or misleading information about the plaintiff's financial status, the debtor may include claims of defamation in their complaint. These claims address the harm to the plaintiff's reputation and any resulting financial or emotional damages caused by the defendant's misrepresentations. 3. Violation of State Privacy Laws: Depending on the specific laws and regulations in South Dakota, debt collectors' actions may violate state privacy laws in addition to the FD CPA. Plaintiffs can explore potential claims under these laws to strengthen their case and potentially increase the damages sought. 4. Emotional Distress Damages: In the complaint, the debtor may request compensation for the emotional distress suffered due to the defendant's actions. This may include anxiety, depression, humiliation, or any other severe emotional or psychological harm inflicted upon the plaintiff. 5. Injunctive Relief Request: Alongside seeking monetary damages, the plaintiff may also request injunctive relief in the form of a court order prohibiting the defendant from continuing their unlawful posting of notices of indebtedness. This measure aims to prevent further harm and protect the plaintiff's privacy rights. By filing a South Dakota Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act, the plaintiff seeks justice, financial compensation, and the cessation of the defendant's harmful actions.South Dakota Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act Description: This South Dakota complaint filed by a debtor addresses the unlawful and distressing act of posting notices of indebtedness in and around the plaintiff's house. The defendant's actions have caused intentional infliction of mental anguish on the plaintiff, which is a clear violation of the Federal Fair Debt Collection Practices Act (FD CPA). These notices, often referred to as "debt shaming," are typically placed in visible locations to publicly display the plaintiff's financial obligations. Such actions not only invade the plaintiff's privacy but also aim to shame and humiliate them, causing severe emotional distress and mental anguish. The complaint states that the defendant's actions directly violate the FD CPA, which sets strict guidelines on how debt collectors must conduct their activities. By posting notices of indebtedness in a public and visible manner, the defendant has crossed the line and exceeded the boundaries established by the FD CPA, thereby subjecting themselves to legal repercussions. Variations of South Dakota Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act may include: 1. Class Action Complaint: In instances where multiple debtors have been subjected to similar actions by the same defendant, a class action complaint may be filed. This allows multiple plaintiffs to join forces and seek justice collectively, magnifying the impact of the lawsuit. 2. Additional Claims of Defamation: If the posted notices include false or misleading information about the plaintiff's financial status, the debtor may include claims of defamation in their complaint. These claims address the harm to the plaintiff's reputation and any resulting financial or emotional damages caused by the defendant's misrepresentations. 3. Violation of State Privacy Laws: Depending on the specific laws and regulations in South Dakota, debt collectors' actions may violate state privacy laws in addition to the FD CPA. Plaintiffs can explore potential claims under these laws to strengthen their case and potentially increase the damages sought. 4. Emotional Distress Damages: In the complaint, the debtor may request compensation for the emotional distress suffered due to the defendant's actions. This may include anxiety, depression, humiliation, or any other severe emotional or psychological harm inflicted upon the plaintiff. 5. Injunctive Relief Request: Alongside seeking monetary damages, the plaintiff may also request injunctive relief in the form of a court order prohibiting the defendant from continuing their unlawful posting of notices of indebtedness. This measure aims to prevent further harm and protect the plaintiff's privacy rights. By filing a South Dakota Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act, the plaintiff seeks justice, financial compensation, and the cessation of the defendant's harmful actions.
