What is the statute of limitations?

One year from the date of the violation (15 U.S.C. § 1692k(d)). Each violation has its own clock — a collector who commits a new violation each week resets the clock for that violation. The Supreme Court confirmed this discrete-violation rule in Rotkiske v. Klemm (2019) (clock runs from the violation, not from discovery).

Federal court vs. small-claims — which should I pick?

Federal court is the standard FDCPA venue and the SynthCounsel default for serious cases — full discovery, jury, mandatory fee-shifting, more experienced bench. Small-claims is faster and cheaper if your damages fit the cap and you don't need discovery, but you give up the jury and the discovery tools. Both are options under § 1692k(d) (any court of competent jurisdiction).

How much can I actually win?

Statutory damages are capped at $1,000 PER ACTION (not per violation) under § 1692k(a)(2)(A) — so 17 violations against the same defendant in one suit still caps statutory at $1,000. Actual damages have no cap and include emotional distress, anxiety, lost wages, out-of-pocket. Class actions can recover up to $500,000 or 1% of net worth. Attorney fees are mandatory if you win — many consumer-rights firms take FDCPA cases on contingency for that reason.

Do I need to plead the violations precisely?

FDCPA pleading is forgiving compared to securities or RICO claims (which require heightened pleading under Rule 9(b)). FRCP 8(a)(2) requires only a 'short and plain statement of the claim showing that the pleader is entitled to relief.' But you still must allege facts — not just legal conclusions — that plausibly state each violation under Twombly/Iqbal. The wizard's count templates pair each statutory section with the standard elements; your facts section supplies the specifics.

What about state consumer-protection claims?

Many states have parallel consumer-protection acts that overlap with the FDCPA — Utah Consumer Sales Practices Act, California Rosenthal Act, NY GBL § 349, etc. You may add these as supplemental state-law claims in federal court under 28 U.S.C. § 1367 (supplemental jurisdiction). State acts often have longer SOLs and broader damages — worth pleading alongside the FDCPA.

What if I can't afford the $405 filing fee?

Apply for in forma pauperis (IFP) status under 28 U.S.C. § 1915 using Form AO 240. The court reviews your income, assets, and dependents. If granted, the filing fee is waived AND the U.S. Marshal serves your complaint at no cost. About 30–40% of IFP applications are granted for genuinely indigent plaintiffs.

Debt collection overview

FDCPA federal complaint

Sue them in federal court.

The FDCPA gives every consumer a private right of action against abusive collectors. Federal court is the standard venue: jury, full discovery, mandatory fee-shifting under 15 U.S.C. § 1692k(a)(3). Statutory damages are capped at $1,000 per action; actual damages and reasonable attorney fees have no cap. The wizard builds a court-ready Complaint covering § 1692c through § 1692j — free.

1You
2Defendant
3Court
4Facts + counts
5Relief
6Review

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Lower-cost alternative

Small-claims complaint — free

If your damages fit the small-claims cap ($5K–$15K) and you don't need full discovery, the small-claims complaint is faster and cheaper. FDCPA is enforceable in any court of competent jurisdiction.

Open small-claims wizard

Federal-practice kit

Case Pass — $149

Discovery requests, deposition prep notes, opposition to motion-to-dismiss, Rule 26(f) report, settlement-conference brief — for one federal FDCPA matter, 12 months.

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