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Is this 1 violation or 3?


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<blockquote>Originally posted by SUNHAWK

If you dispute a debt with a collection agency and the collection agency is listing the debt with 3 credit reporting agencies, would this be 1 or 3 violations of the FDCPA if they failed to update all 3 credit reports to reflect a dispute?

</blockquote>

You can only sue per action, not per violation. Even if they have 20 violations, the maximum statutory damage you can recieve is $1000.00.

Here's a site for case law supporting this http://www.calcollectors.net/maybeeasy.htm

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Somewhere in one of Ironman's posts he mentioned this and posted the section that covers it. It said in California, one could file both Federal and State at same time in same complaint. Of course, I have filed it where I wouldn't lose it. Yeah, right! I'll try and find it. It may take awhile, I'm sure.

[Edit by retmar on Monday, March 31, 2003 @ 03:12 PM]

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California Civil Code

CIVIL CODE SECTION 1788.30-1788.33

1788.30. (a) Any debt collector who violates this title with

respect to any debtor shall be liable to that debtor only in an

individual action, and his liability therein to that debtor shall be

in an amount equal to the sum of any actual damages sustained by the

debtor as a result of the violation.

(B) Any debt collector who willfully and knowingly violates this

title with respect to any debtor shall, in addition to actual damages

sustained by the debtor as a result of the violation, also be liable

to the debtor only in an individual action, and his additional

liability therein to that debtor shall be for a penalty in such

amount as the court may allow, which shall not be less than one

hundred dollars ($100) nor greater than one thousand dollars

($1,000).

© In the case of any action to enforce any liability under this

title, the prevailing party shall be entitled to costs of the action.

Reasonable attorney's fees, which shall be based on time necessarily

expended to enforce the liability, shall be awarded to a prevailing

debtor; reasonable attorney's fees may be awarded to a prevailing

creditor upon a finding by the court that the debtor's prosecution or

defense of the action was not in good faith.

(d) A debt collector shall have no civil liability under this

title if, within 15 days either after discovering a violation which

is able to be cured, or after the receipt of a written notice of such

violation, the debt collector notifies the debtor of the violation,

and makes whatever adjustments or corrections are necessary to cure

the violation with respect to the debtor.

(e) A debt collector shall have no civil liability to which such

debt collector might otherwise be subject for a violation of this

title, if the debt collector shows by a preponderance of evidence

that the violation was not intentional and resulted notwithstanding

the maintenance of procedures reasonably adapted to avoid any such

violation.

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