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Capepuffin

update on my case

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Well if you followed the old board you would know about my case. I am suing a CA and their attorneys for FDCPA violations. 1 case is a class action lawsuit and the other is a personal lawsuit, both in federal court. Filed Feb.2003. Anyways we are at the settlement stage. We put in a settlement for $75,000. Well they countered with $5000! Yah right, I don't think so! My lawyers were insulted as was I! We have at least $7000. in the violations alone. Not to mention all of the other things that they did (getting my DH fired from his job) :evil:

We have so much damaging evidence against them it is great! Can't wait to see them in court if they don't settle for a more... respectable amount! :wink:

Just wanted to update you!

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Definitley best of wishes on this case, go get em, that is BS the stuff some of them CAs think they can get away with.

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We have at least $7000. in the violations alone. Not to mention all of the other things that they did (getting my DH fired from his job) :evil:

Glad it's going well, not trying to be a party pooper but you know that statutory damages for FDCPA violations are $1000 max per case, not per violation. Of course if the CA doesn't know that and settles outside court you may get lucky and you can of course get actual damages awarded too...

Just wanted to mention that so other people didn't think it was $1000 per violation

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Of course if the CA doesn't know that and settles outside court you may get lucky and you can of course get actual damages awarded too...

I would think that in this case, the loss of income that has occurred due to the spouses loss of employment because of the actions of the CA are to be considered part of the actual damages (loss of wages and all)!

Michael

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I thought that you were able to sue for a max of $1,000 per violation. Right now I'm trying to get TU to delete 2 judgements that were vacated earlier this year. So do I need to get 2 claims against them in small claims court and sue separately?

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sw,

It depends. Read the FCRA section with respect to fines and penalties. You can sue for actual damages in a couple sections, which would amount quite possibly to more than $1000.

No need to file separate suits against the same company. It is best to do it all in one. You can file suit for as many violations as you can muster in one lawsuit. Kind of like the state having more than one charge against someone. Think of Law & Order or anything like that where there are multiple counts of a crime, and then charges for another crime. Not only that, the court would probably be irritated if you tried filing two lawsuits against the same company.

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The way my lawyers have it worked out it is $1000 per FDCPA section + personal damages. They violated 7 sections of the FDCPA.

Heres a letter from my lawyers to the CA:

Dear Cousel:

I have communicated your global counter-offer of individual settlement of $5000 to my clients. They have refused your offer. Since we are soooooo far apart in our settlement negotiations, we feel a counter-offer would be inappropriate at this time.

I wonder what the CA will do next? Maybe we'll just head to court!

:-)=

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It depends. Read the FCRA section with respect to fines and penalties. You can sue for actual damages in a couple sections, which would amount quite possibly to more than $1000.

Yes but Cape is suing for FDCPA violations, not FCRA.

The way my lawyers have it worked out it is $1000 per FDCPA section + personal damages. They violated 7 sections of the FDCPA.

Not sure what you mean with "worked out". I mean you can file for anything but that doesn't mean you'll win and there's plenty of case law that has established that statutory damages under the FDCPA is $100 to $1000 PER CASE, not PER violation. If the CA is not willing to settle and the opposting attorney is well versed in the FDCPA they will know this. It is also up to the discretion of the court to award the amount which may not be lower than $100, so that doesn't mean one will get $1000. Check this link for case law on FDCPA statutory damages

http://www.calcollectors.net/maybeeasy.htm

Like I said Cape, I don't want to be a party pooper and I'm sure that with your actual damages you'll do fine, but I do want you and others to be aware that it is not per violation and your lawyers should know that as well....

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Here is my amended complaint and class action against a CA and their attorney's. Some have asked me to post it, well here it is with a few changes to protect our identity. Happy reading!

Count I- Individual FDCPA claim against CA

CA violated 15 U.S.C. 1692c, 1629d, 1692e and 1692f by, within one year prior to the filing of this action:

a.Called me and stated that my DH was a deadbeat and threatening to have him criminally prosecuted.

b.Calling DH father

c.Calling me a "bit-h"

suing for :

actual damages

statutory damages

attorney's fees

such other releif that the court deems proper

-----------------------------------------------------------

Count II- individual FDCPA Claim

CA's Attorney's violated the FDCPA, 1692g, by filing suit on a disputed debt without first providing verification.

Suing for:

Actual damages

attorneys's fees

such other releif that the court deems proper

--------------------------------------------------------------

Count III-individual claim against CA

CA violated 1692e(8, by reporting a disputed debt to one or more credit bureau without noting it was disputed.

Suing for:

Actual damages

attorneys's fees

such other releif that the court deems proper

------------------------------------------------------------

Count IV- Tortious interference with economic relations

CA intentionally, wrongfully and maliciously interfered with plaintiff's employment by repeatedly calling Plaintiffs employer and telling his supervisors about the debt, causing Plaintiff to lose his employment as a result.

Plaintiff suffered substantial damages as a result.

Suing for:

Actual and punitive damages

cost of suit

such other releif that the court deems proper

---------------------------------------------------------------

Count V-intentional infliction of emotional distress

CA intentionally, wrongfully and maliciously engaged in a course of conduct which was intended to and did in fact inflict severe emotional distress on both plaintiff's.

a. Telling both plaintiff's that they would be criminally prosecuted if they did not pay the alleged debt.

b. Calling Plaintiff's father telling him about the debt.

c. Calling plaintiff's employer with such frequency as to constitute harassement and telling various supervisors about the alleged debt.

Plaintiff suffered substantial damages as a result.

Suing for:

Actual and punitive damages

cost of suit

such other releif that the court deems proper

------------------------------------------------------------

Count VI- G.L.ch.93, sec 49 claim against CA

Defendant CA, violated Mass. G.L.,ch.93 sec. 49, 940 C.M.R. sec 7.01 et seq., and 209 C.M.R. sec 18.01 et seq. by:

a.Calling Plaintiffs father telling him about the debt.

b.Calling plaintiff's employer, telling the supervisor about the debt, and harassing them.

c. Causing Plaintiff to lose his employment as a result.

d.Calling plaintiff's with unreasonable frequency to harass them.

e. Threatening to have plaintiff prosecuted criminally.

Both plaintiff's suffered embaresment, humiliation and emotional distress as a result, and plaintiff suffered substantial economic loss.

CA's actions were willful and malicious, warranting substantial punitive damages.

Suing for:

Actual damages

punitive damages

attorneys fees, litigation expenses and cost of suit

such other or further releif that the court deems proper.

-------------------------------------------------------------------

Count VII -G.L. ch. 93A, sec 9 claim against CA

CA violated Mass. G.L. ch. 93A, sec 9.

a.Calling Plaintiffs father telling him about the debt.

b.Calling plaintiff's employer, telling the supervisor about the debt, and harassing them.

c. Causing Plaintiff to lose his employment as a result.

d.Calling plaintiff's with unreasonable frequency to harass them.

e. Threatening to have plaintiff prosecuted criminally.

Both plaintiff's suffered embaresment, humiliation and emotional distress as a result, and plaintiff suffered substantial economic loss.

CA's actions were willful and malicious.

Suing for:

Actual damages

Statutory multiple damages

attorneys fees, litigation expenses and cost of suit

such other or further releif that the court deems proper.

--------------------------------------------------------

Count VIII- Class action FDCPA claim

CA's Attorneys violated the FDCPA, 15 U.S.C. sec 1692e, 1692e(2), 1692e(10), 1692f, 1692f(1) and(in the case of the intial letter) 1692g, by dunning for unawarded attorney's fees and court costs.

Class Allegations

This is where the long list of allegations start for the class action lawsuit. There are 8 more counts against the CA's attorney in this section. My husband and myself represent the class. It is really long, so I omitted it. It basically is similar to the above counts.

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Check this link for case law on FDCPA statutory damages

http://www.calcollectors.net/maybeeasy.htm

Like I said Cape, I don't want to be a party pooper and I'm sure that with your actual damages you'll do fine, but I do want you and others to be aware that it is not per violation and your lawyers should know that as well....

Great link. May I suggest making it (or a variation of it) a sticky post since many members seem to be unclear regarding the statutory fines of FDCPA?

And just as a note, the statutory fines of FDCPA are the LEAST of a CA's worries. What really scares them are the "reasonable" attorney's fees and especially the actual damages. If there's clear evidence that the CA's phone calls contributed to Cape's DH being fired from work, then I think they have a real good chance of recoving some serious cash for actual damages (IMHO). But as Swede pointed out, the awards are for the court to determine, not the claimant or their attorneys.

However, with that said, the first thing any attorney will (or should) say is that there are NO guarantees that the judge and/or jury will see it the way you do. That's why it's always a good idea to try and bang 'em at the settlement stage than risk having the matter go to trial and having the court award an amount that may be less than desirable.

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Swede,

I was under the impression that sw was talking about suing TU, not the CA, which is why I talked about the FCRA. Although sw may have been talking about the furnisher and not the CRA.

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Great link. May I suggest making it (or a variation of it) a sticky post since many members seem to be unclear regarding the statutory fines of FDCPA?

You can suggest anything you want, doesn't mean anyone will listen.... ;)

Although I did, I put it under "Please Read Before Posting" because I'm sure everyone have read everythying in there......

http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?p=40391#40391

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Got another judgement offer yesterday! This is so sad, it's funny! :lol:

1k for me, 1K for DH, and 5k for our attorneys fees! I and my attorneys are really frusterated w/this CA! I know that they are stalling for time. My attorney is going to court this week to get the judges decision on the class action. So far we only have 23 members of this suit.

I just want this done and over with. I have all the time in the world to wait it out, but want to put it behind me.

...I will keep you posted...

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Settled our class action lawsuit against the CA's attorneys today. 6K! Only had 35 people in the class, so our attorneys settled and dropped the class action. Now we can focus on our individual lawsuit against the CA! I can't wait for this to be over! I am just sick of it!

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Congradulations Karen, finally one down and one to go, best of wishes on your next round!

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Litigation is a tough, time-consuming road for the regular Joe - that's why these CA's constantly abuse the system. Keep at it Cape!

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xdazzlex Congrats. Cape you're almost there :!: I know its time consuming but you gotta fight for your rights. My son is going through this now and he wants it over yesterday :!::party:Yeah Cape :!:

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Yes 1 down 1 to go! :D You know I didn't even tell my DH about this today. Shows where this case is on the ladder of importance for me! :wink:

It will be nice to receive a check from the evil :evil: CA's attorney! :wink: We still haven't even settled this debt yet! We are suppossed to go to court in 2 weeks but I want to postpone it. This is another case management conference. I have so many things going on right now and DH just started a new management level job not long ago so he does not want to take a day off yet.

I still don't know what to do about this debt. I have been fighting every step of the way...I am tired! The only thing the CA has are 2 copies of checks with my sig and the account # on them. I want a copy of the original contract. They accused my DH of fraudulently opening up this account and He didn't!

My lawyer keeps telling me to settle with them! :cry:

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Just an update. We are in the discovery phase of the lawsuit. CA still has not come back w/settlement agreement acceptance. We are ready for trial. :D Also got my attorneys to get the original debt (that we still owe) to be part of the settlement agreement. Yea I don't have to keep going back to court on this one! :D

thanks for all of your support! :D

I will keep you posted.

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Well we finally settled our case. I am glad that it is over with it has been a long and frusterating road to say the least. I am a little disapointed with the outcome other than the fact of knowing that the CA spent over 50K in legal fees. I really wanted to make them feel the pain in their wallet the next time one of their employees breaks the law.

Anyways, we have been battling back and forth for months throwing settlement offers back and forth. For me, it was very frusterating knowing that in MA you cannot get punitive damages! Therefore we needed to prove and document every penny that we lost due to the CA's harassement. Had there been punitive damages in MA we could have won alot more.

We won 10K. That includes: The CA dropping their lawsuit against us in District Court, waiving the 4K that we owed on the debt and we will receive 5K in cash for actual damages.

Our attorneys will receive 15K for there fee because they were working on a continguency basis.

So technically we won 25K but the attorneys always get most of it!

and the nasty CA is out 75K total!!!

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