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Hey guys, Cap Mgmt. called my house at odd hours and called family members as well. I filed a civil suit citing mental duress from violations FDCPA 805 (a) 1, 805 B, FCRA 605 c. Their atty claimed they had phone records indicating no calls were made at incorrect times. Fortunately my wife is an amateur photographer and took a photo of the caller id with their phone# and time the call took place. I offered settlmn for wiping my debt + 4k. My debt is $17000. They came back today and claimed that they did not own the debt and therefore could not wipe the debt clean. They offered $1k. Claiming no matter how many times they violated the law it was only punishible for $1000 each instance. Any ideas?

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That is correct, if you are talking about the FDCPA. Statutory damages are limited to $1,000 per action for the FDCPA.

If you are talking about the FCRA, the damages are not statutory, but actual. So, if they correct the situation, and it involves credit reporting, you may be out of luck. If they don't, then it's up to the Court to decide the amount of damages, if any. It seems that they may not have reported at all...so FCRA would be out. (And, they would have permissible purpose to pull a report since they have the account.)

So, what they were offering you was FDCPA statuory...and that might just be what you could hope to get, as far as a damage award is concerned, if it went to court (plus costs and attorney's fees, if you hire one). They could offer you costs of filing in Federal, if you do so...but I doubt, with those b*$tards, you'd get that.

But, check your state law: State law may cover the same sorts of violations under consumer law or collection agency laws, and the penalties there are usually per violation. (Except, I believe, in MI; there, the state law is penalties per action.)

And, CMS (Capital Management Services) just collects, so they cannot cancel out a debt...only the OC, or a JDB, can do that.

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  • 2 weeks later...

STATUTORY DAMANGES are stopped at 1000 for FDCPA action but PUNATIVE damages are a whole different ballgame and you could tell them that you CAN AND WILL Sue them for defamation (calling family) and harrassment.

Might get ya a little more $$$$

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