USA Dream Girl Posted April 28, 2005 Report Posted April 28, 2005 This agency committed at least 12 FDPCA violations against me over the course of 4 months. I don't owe the debt so they couldn't validate it. They continued to try to collect anyway. They have no license in my state so their communications are false. They sent me collection letters in regular envelopes with their name on them stating they are a collection agency so they communicated with third parities. So on and so forth.However.When I went to file on the violations in small claims court the clerk told me I can only sue for a cap of $1000 statutory damages per suit in FDPCA violation cases, even though the small claims limit itself is $5000. I never read that in the statute. Is she basing that opinion on case law? Has anybody sued for more and won? Is there case law that says otherwise?Sigh.
Xanathos Posted April 28, 2005 Report Posted April 28, 2005 It's true. Statutory under FDCPA caps at 1k. However, then you add on actual damages, punitive damages, etc.And if you ever disputed the debt and it came back verified, that's an FCRA claim worth 1k a shot for each bureau for each time they verified it.
divemedic Posted April 28, 2005 Report Posted April 28, 2005 Also some state laws may apply. Deceptive and unfair trade practices, for example.
devil21 Posted April 28, 2005 Report Posted April 28, 2005 File your suit in federal. Let the judge decide what to award, not some small claims clerk.
USA Dream Girl Posted April 28, 2005 Author Report Posted April 28, 2005 File your suit in federal. Let the judge decide what to award, not some small claims clerk.Won't that require an attorney?
devil21 Posted April 29, 2005 Report Posted April 29, 2005 Not if you have your act together. Attorneys are always optional in any court action. If you want more info, PM me.
ktg Posted April 30, 2005 Report Posted April 30, 2005 If you want the CA to pay more than $1000 (but you are OK to get just $1000) - get a lawyer.That's exactly what I did when I realized that no matter how many violations CA made, it's still $1K per lawsuit.So, I got a lawyer (consumer lawyers don’t charge you anything – they get money from a CA if you win or if CA settles) and supplied him with copies of all the docs I sent to CA, return receipts, detailed description of who/when called from this CA, what they said, what I said, etc.Today I got a call from my lawyer. He is really happy (me 2) because CA’s in-house lawyer had to admit that he has NO arguments and wants to settle (of course - going to court will cost them more $$). Now I am getting my $1K, and my lawyer is still negotiating his fee, but it won’t take more than a few more days.So, now CA has to pay (between me and my lawyer) at least 5 times the amount they tried to collect, my lawyer is happy, and of course I am very happy
macdaddy Posted October 31, 2009 Report Posted October 31, 2009 I realize this is an old thread but that case should be taken to the federal courts stack up the fdcpa violations add punitive damages etc. and if you can't handle the case get an attorney they can charge alot up to four or five hundred dollars an hour and you keep your fdcpa violations money a thousand dollars per violation plus if you hire a good consumer attorney he may turn up more violations then you have identified.
Amerikaner83 Posted October 31, 2009 Report Posted October 31, 2009 you keep your fdcpa violations money a thousand dollars per violation plus if you hire a good consumer attorney he may turn up more violations then you have identified.Nope, sorry. FDCPA violations are ONLY $1,000 and that's PER ACTION = per lawsuit.And that's a MAXIMUM of $1,000 NOT a guarantee of it. zombie thread closed 1
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