brokeinok Posted December 11, 2007 Report Share Posted December 11, 2007 This is the statute:The commission of any act or practice declared to be a violation of the Consumer Protection Act, if such act or practice is also found to be unconscionable, shall render the violator liable to the aggrieved customer for the payment of a civil penalty, recoverable in an individual action only, in a sum set by the court of not more than Two Thousand Dollars ($2,000.00) for each violation. In determining whether an act or practice is unconscionable the following circumstances shall be taken into consideration by the court: (1) whether the violator knowingly or with reason to know, took advantage of a consumer reasonably unable to protect his or her interests because of his or her age, physical infirmity, ignorance, illiteracy, inability to understand the language of an agreement or similar factor;I'm reading:$2,000 for each violation of the act makes senase but what is meant by "recoverable in an individual action only"? Surely they don't mean a separate case for each one or are they referring to these violations being in a case on their own and not included with other things such as counterclaims on FDCPA violations and the like? Link to comment Share on other sites More sharing options...
Amerikaner83 Posted December 11, 2007 Report Share Posted December 11, 2007 looks like to me, 2K per violation, but you can sue once. I may be wrong however Link to comment Share on other sites More sharing options...
brokeinok Posted December 11, 2007 Author Report Share Posted December 11, 2007 That's what I was thinking too.....*****getting out calculator*****Ooohhh... they aren't gonna be happy with that number at ALL!!! Link to comment Share on other sites More sharing options...
Amerikaner83 Posted December 11, 2007 Report Share Posted December 11, 2007 remember...you may be able to argue 3X that (3 CRAs) Link to comment Share on other sites More sharing options...
brokeinok Posted December 11, 2007 Author Report Share Posted December 11, 2007 oh WOW! Link to comment Share on other sites More sharing options...
Amerikaner83 Posted December 11, 2007 Report Share Posted December 11, 2007 yeah..I"m actually a bit disappointed the thing i'm dealing with is only being reported to TU...grr Link to comment Share on other sites More sharing options...
brokeinok Posted December 11, 2007 Author Report Share Posted December 11, 2007 We talked about my situation once before, I was "dunned" by email. No mini-miranda or anything, no contact info to be able to DV and no five-day follow up with the correct stuff. Then they appeared on all three reports, l've done the 1-2 punch four times now and they still haven't answered and continue to verify without listing it as in dispute. The phone calls started about two months ago, I've got a log with over 20 so far and STILL no answer to the DV which was ever so timely sent to them two days after the initial email. I haven't even started racking up the FCRA violations yet, listing a collection as a factoring company account, installment account and incorrect date opened. Hell.. I may need to buy you a case of Patron! Link to comment Share on other sites More sharing options...
Amerikaner83 Posted December 12, 2007 Report Share Posted December 12, 2007 hehe make it Jack and you've got yourself a deal Link to comment Share on other sites More sharing options...
lovebug5 Posted December 12, 2007 Report Share Posted December 12, 2007 I'm assuming that this Act is particular to your state, no? Link to comment Share on other sites More sharing options...
Amerikaner83 Posted December 12, 2007 Report Share Posted December 12, 2007 it sounds like it. No Federal "consumer protection act" as far as I know...or else we'd all know about it in additon to FCRA/FDCPA/etc... Some states are great with consumer laws, some aren't. It's something to think about for those considering moving. So in other words - don't move to Ohio for 15 years!That stautory language is close to what WA state has. Close, but not quite. Per violation penalties match up though.How well are the consumer statutes in Uzbekistan written? Link to comment Share on other sites More sharing options...
lovebug5 Posted December 12, 2007 Report Share Posted December 12, 2007 it sounds like it. No Federal "consumer protection act" as far as I know...or else we'd all know about it in additon to FCRA/FDCPA/etc... Some states are great with consumer laws, some aren't. It's something to think about for those considering moving. So in other words - don't move to Ohio for 15 years!That stautory language is close to what WA state has. Close, but not quite. Per violation penalties match up though.How well are the consumer statutes in Uzbekistan written?Pretty sh!tty, from what I can tell thus far..LOL! Link to comment Share on other sites More sharing options...
brokeinok Posted December 12, 2007 Author Report Share Posted December 12, 2007 Yes, that is from the Consumer Protection Act for my state. Link to comment Share on other sites More sharing options...
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