Follow up questions

[Rick9972]

As most are aware I have filed a complaint for FCRA and FDCPA violations. While researching for the expected Rule 12 challenge, I discovered that the CA committed additional FDCPA violations.

What can I do with these?

1. Wait until this lawsuit is finished and file in small claims court?

2. Write them off as there is not any gain by adding them to the present suit?

Second question:

As I gather information during discovery, can I request information to determine if a possible Class Action suit is possible? Then if the information is there change the suit to a class action?

[1time2many]

Ammend your complaint to add.

[Rick9972]

*sneaks out from behind and kicks this thread to the front of the line*

[brokeinok]

Technically you can file a separate action for each violation of the FDCPA but I imagine the court would frown on the waste, paperwork, etc. I have a CA on twenty three violations but I just included them all in one action.

I say amend and add them, it makes your case for "gross violations of the law" that much stronger.

[Amerikaner83]

Agreed.

[cjtx]

Technically you can file a separate action for each violation of the FDCPA but I imagine the court would frown on the waste, paperwork, etc. I have a CA on twenty three violations but I just included them all in one action.

I say amend and add them, it makes your case for "gross violations of the law" that much stronger.

Whether you have 1 or 1 million violations of FDCPA, the statutory damages are still the same: $1,000.

You can't file separate actions for each violation, because of res judicata. Once you get a judgment it's supposed to settle any and all disputes you had with that party up to that point. Of course, if they continue, you can sue again, but not for anything you could have sued before.