FDCPA Liability, Quick Question

[LUEser]

Quick question about FDCPA liability.

Sec 813 allows for the recovery of statutory damages per action right?

1000 dollar cap.

So does that mean that it's only 1000 dollars even if a Plaintiff has say 4 distinct causes of action, and multiple violations of each one. Or just a solid 1000 for the total sum of violations, regardless of whether they just broke one part of the statute or several?

[ShortBus]

$1,000 per action (suit), not per violation. Statutory damages under the FCRA are per violation, however.

[Andy Simmons]

It does appear to be a cap per lawsuit on the statutory damages. which is unfortunate. The low amount of statutory damages is the reason that so many bad debt collectors are not really afraid of the FDCPA. The occassional small payment of $1,000 plus some attorney's fees is just part of their cost of doing business.

However, you can also try to prove your actual damages. There is no cap on actual damages. These have to be proved, whereas statutory damages do not require proof that you were damaged. That is the beauty of statutory damages for a plaintiff.

If you have more than one violation, and the violations are separate from each other, you might consider filing separate lawsuits for each violation. You have to consider that against the costs of separate filing fees and service of process fees for each lawsuit.

[LUEser]

Well, I have two problems with that suggestion.

With a one year SOL on CoA for FDCPA, I'd be out of statute for the majority of them if I filed separate lawsuits and went through the whole process each time.

Or, If I file several successively, I run the risk of consolidation of cases.

But here's a question about consolidation. If they do so, does that make the case one and again recap the damages to 1000? Or do the courts see them as still separate, but able to be litigated as one case?

Plus, if I can document multiple violations in just one case, there's more likely a greater chance of a statutory award, right?

[Andy Simmons]

If they are separate violations, I don't think the court can consolidate multiple case so as to impose the $1,000 cap on all of them. I don't think the $1,000 cap would apply to all of the violations in a consolidated case.

On the other hand, I think a judge would be annoyed with someone bringing a dozen separate lawsuits against one debt collector. I can hear the judge now. "You again?"

If you have a bunch of violations by one debt collector, by including them all in the same case, you may be able to prove some real damages, in addition to your $1,000statutory damages.

Frankly, the law is not written to make your average debtor rich off of debt collectors who make a few minor violations. Big awards are going to be limited to instances of really outrageous conduct that results in real injury to the victim.

[nascar]

On the other hand, I think a judge would be annoyed with someone bringing a dozen separate lawsuits against one debt collector.

It all relates back the underlying transaction. Once you sue, you're done. Any attempt to file additional lawsuits for violations relating to the same transaction will be dismissed res judicata.