Anonymous Posted January 5, 2003 Report Share Posted January 5, 2003 http://www.bassford.com/art_reduce.htmI ran across this in search of caselaw. I thought it would be interesting to share. Link to comment Share on other sites More sharing options...
bw4444 Posted January 5, 2003 Report Share Posted January 5, 2003 Hey, this had a good section on the mini-Miranda warning. Link to comment Share on other sites More sharing options...
LadynRed Posted January 6, 2003 Report Share Posted January 6, 2003 This is from a lawyer's site, he does FDCPA suits:"The FDCPA provides for a private right of action against violators. This means that you can get a lawyer and sue for damages. A partial list of damages that are awardable are:Statutory damages up to $1,000 for each case. This means that the violator can be charged even though there are no other damages (see below). Attorney's fees. You can make the violator pay for your lawyer. This is big advantage; lawyers are expensive! Actual damages including: Stress related injuries: Heart attack, angina, chest constrictions; Miscarriage; Ulcers, diabetic flare-up; Shock; Loss of appetite; Crying; Nightmares; insomnia, night sweats; Emotional paralysis; Inability to think or function at work; Headaches; Shortness of breath; Anxiety, nervousness; fear and worry; Hypertension (elevation of blood pressure); Stress to children; Irritability; Hysteria; Embarrassment, humiliation; Indignation and pain and suffering. And this is just a partial list! Monetary damages: Payment of a debt barred by the statute of limitations; Taking one's property unlawfully or intimidating a debtor to return property by violating the FDCPA, e.g. "If you do not return your DVD player to the store, we will bring criminal charges!" Long distance telephone charges for phone calls to a collector who states that you must call him back. Attorney's fees to defend a prior suit brought in violation of the FDCPA; Damages for intentional infliction of emotional distress generally (see above). Your attorney may use medical (psychiatric/psychological) testimony, but does not need to. Damages for emotional distress can be claimed even without medical support. This does not mean they will always be believed, of course. It is up to the judge or jury to decide if the plaintiff is telling the truth. Anyway, the plaintiff in the FDCPA lawsuit starts with a tremendous advantage, proof-wise."So.. YES we CAN sue for violations of the FDCPA. It IS only $1000, but if you can prove damages, you can get more than that ! Link to comment Share on other sites More sharing options...
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