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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

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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.

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FAQ

A debt collector is also not allowed to harass, oppress, or abuse you or anyone else they contact. This includes repetitious phone calls with the intent to harass, use of obscene or profane language, and threats of violence or harm.

The terms of the FDCPA allow consumers to recover damages up to $1,000 from a debt collector. This amount is above and beyond other forms of damages that a consumer may be entitled to. To obtain this amount, a consumer merely has to prove that the collector violated the FDCPA.

§ 812. (b) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter.

The FDCPA is a federal law that limits what a debt collector can do while attempting to collect money from you. Most importantly, if a debt collector violates the FDCPA while trying to collect money from you, you can sue them.

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

The Fair Debt Collection Practices Act (FDCPA) prohibits harassment, abuse, and other behavior intended to bully debtors. If a debt collector is violating the FDCPA in their attempts to collect money from you, you have the right to sue them.

Use of threat, violence or other criminal means to harm a person, reputation or property. Use of obscene or profane language. False representation that the debt collector represents a state or federal government. Misleading information on the amount or legal status of a debt.

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Report any problems you have with a debt collector to the SD Office of Attorney General, Division of Consumer Protection www.consumer.sd.gov or 1-800-300-1986. ... 20 Aug 2003 — In North Dakota, we have stated a cause of action for intentional infliction of emotional distress requires proof of "(1) extreme and ...The federal statute regulates the form and content of notices and other communications made by debt collection agencies to consumer debtors and others; it ... by B Menkes · 2009 · Cited by 5 — cluded interest on the past due interest, which violated North Dakota law. The debtor disputed the debt.49. The debtor then sued, ultimately joining Credico ... by DA Edelman · 1996 · Cited by 2 — State law requirements regarding the proof of intentional or negligent infliction of emotional distress are not applicable to actual damages under the FDCPA ... by SJ Burnham · 1998 · Cited by 14 — Even debt collectors using fair and reasonable methods will cause some inconvenience, embarrassment, or annoyance to the debtor. The issue is when these methods ... State debt collection litigation often presents opportunities for the debtor/defendant to assert affirmative Fair Debt Collection Practices Act. by NA Holst · 1977 · Cited by 1 — The last two decades have witnessed a marked increase in the utilization of credit by the consumer in America.' While this practice has ... by WK Lewis · Cited by 10 — In 1977 Congress enacted the first comprehensive federal debt col- lection statute, the Fair Debt Collection Practices Act (FDCPA).' Con-. by MM GREENFIELD · Cited by 56 — "tighter than a drum," recovery for intentional infliction of emotional distress); ... threat to sue, states cause of action for intentional infliction of ...

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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