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How many violation counts is this?


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The FDCPA is $1000 for all violations combined on one lawsuit (per action). You need only prove one violation to win no matter how many they have racked up. The FDCPA is also a "strict liability law" which means you do not have to prove their violations were intentional. The simple fact that a violation occurred is all you have to show.

The FCRA is $1000 for each violation. So multiple violations compound the statutory damages. The FCRA is not a strict liability law so your proof needs to have a bit higher standard to succeed.

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THanks,

Your replies are often exactly what I need to answer a number questions.

I was also wondering if I should get a credit monitoring product. Your answer suggest that I should. I am currently using print outs of online CRs for building evidence. I've staggered my disputes such that I should expect a new CR every 6 weeks or so. This means that I can not reliably obtain the higher standard of evidence for violations of FCRA Section 623.

The CA has not marked the TU CR disputed but verified it. My evidence is in the form of printouts of my EX CR dating 9/21/05 and 9/27/05. But I've not had the opportunity to obtain the other two. So I could say that FCRA Section 623 was violated but the CA could say it was done so unintentionally. Because I didn't get copies of all my reports showing the TL was not marked that point might be successfully refuted.

I’ll purchase a CR monitoring service TrueCredit to remedy that. I don’t expect any of the CA’s will wish to go to court but better safe than…

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When dealing with collectors, the FDCPA and FCRA go hand-in-hand.

For example the FDCPA says a collector must report a tradeline as disputed. Failure to do that not only violates the FDCPA but also the FCRA for also failing to report the dispute. Since the FDCPA requires that collectors maintain procedures to prevent violations, the failure to report becomes willful under the FCRA because they would have had to defy the procedures in failing to report the dispute. (hopefully that doesn't seem too complicated).

In a lot of situations a CA that doesn't do what theya re supposed to ends up with simultaneous violations of both laws.

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Excellent, with that said instant access to a CR is not as important as I'd thought. I'm OK for now. I'll still get the monitoring product at some point. I am keeping track of the violatios to make it easier to get rid of the TLs. I hope I don't have to sue but I'll have my resources in place for the suite before I send a ITS letter. Just 30 days till the first ITS letter goes out.

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