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$1000 fine question


ldf123
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It's up to $1000.00 per action, not per violation for FDCPA. And, its not a fine, it's damages. You may only get $1.00 depending on the nature and the extent of violations. Of course there is no limit to what you can be awarded in actual damages, but you must prove those damages.

You cannot claim any amount other than actual damages under the FCRA unless you can prove willful noncompliance. In which case you could get $1000.00 per violation that meets that threashold of noncompliance.

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Several courts have previously recognized the possibility that a claim for actual or compensatory damages under FCRA may include compensation for emotional distress in the absence of physical injury or out-of-pocket expenses. See, e.g., Bakker v. McKinnon, 152 F.3d 1007, 1013 (8th Cir. 1998) (holding that, even in the absence of "out-of-pocket expenses or costs incurred," the district court did not abuse its discretion in awarding actual and punitive damages when appellees testified "about how they felt when appellant obtained their credit reports and violated their privacy, thereby causing them some emotional distress"); Philbin v. Trans Union Corp., 101 F.3d 957, 963 n.3 (3rd Cir. 1996) ("Given the amorphous nature of the damages at issue, we do not consider it necessary that [the plaintiff] state his damages with any greater degree of particularity."); Casella v. Equifax Credit Info. Servs., 56 F.3d 469, 474 (2nd Cir. 1995) ("The District Court properly recognized that 'actual damages' may include humiliation and mental distress, even in the absence of out-of-pocket expenses."); see Moore v. Equifax Info. Servs. LLC, 333 F. Supp. 2d 1360, 1365 & n.3 (N.D. Ga. 2004) (noting that damages for mental distress are recoverable under FCRA even if the consumer has suffered no out-of-pocket losses).

See also Levine v. World Fin. Network Nat'l Bank, 437 F.3d 1118 (Having concluded that [the plaintiff] has stated a prima facie claim under 15 U.S.C. § 1681n, we need not decide today whether FCRA bars recovery for any particular category of compensatory damages, including emotional distress, and the extent to which the common law informs this analysis … This is an injury that FCRA clearly recognizes as compensable.)

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  • 4 months later...

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1)

(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or

(B)in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;

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