No. I sent them a copy certified mail/return receipt. I have proof I mailed them a copy as well. What do you suggest my next step should be? I'm really hoping someone can help me. Our court date is next month.
How does one quantify damages from receiving a letter in the mail from a CA without the CA having validated? I am genuinely curious to know how that aspect of FDCPA claims are handled.
Technically, I called them to find out why they wrote me this letter. We discussed on the phone the fact that I had previously disputed their allegations. The phone rep wasn't interested in doing much but reading their scripts and further attempting to collect.
My understanding from a quick reading of Nolo is that these violations are statutory damages. Violation of the statute itself is sufficient to collect damages. Quantifying things like emotional distress or physical damages (from stress-related health issues that can be connected to the violations) is separate and additional to statutory damages.
Statutory Damages of $1,000
Above and beyond what the consumer might collect for losses related to lost wages, psychological distress, and the like, the FDCPA allows a consumer to recover damages up to $1,000 from the collector. Because the FDCPA says that the consumer can recover “up to $1,000,” the amount awarded could be less.
The court can award these damages if the consumer proves the collector violated the FDCPA, but the consumer does not have to prove that the violation caused any harm. This $1,000 is per lawsuit—not per violation—so if the creditor violates the FDCPA once or multiple times, the consumer still only collects up to $1,000."