Question 1

What is the statute of limitations?

Accepted Answer

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).

Question 2

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

Accepted Answer

Federal court is the standard FDCPA venue and the SynthCounsel default for serious cases — full discovery, jury, fee-shifting for a represented plaintiff, 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).

Question 3

How much can I actually win?

Accepted Answer

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.

Question 4

Do I need to plead the violations precisely?

Accepted Answer

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.

Question 5

What about state consumer-protection claims?

Accepted Answer

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.

Question 6

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

Accepted Answer

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.

Sue them in federal court.

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Small-claims complaint — free

Sue them in federal court.

This tool cannot produce a document yet

Small-claims complaint — free