FDCPA Penalties

[smartone]

This is my first post....... although I have been a member for a while. This is a very informative website and it is nice to have the support.

I want to know if it is $1,000 per violation or $1,000 per proceeding. I live in North Carolina and I was reviewing NC caselaw where it noted a judge threw a FDCPA violation case out of Superior Court because it was $1,000 per proceeding and that it did not qualify to meet the $10,000 threshold for a Superior Court claim. I have a claim where the debt was being collected by Hanna and a timely DV letter was sent, with no response, the debt was then transferred to NCO where another DV letter was sent, with no response, NCO proceeded to file an arbitration claim but stayed the action and then dismissed the case because they could not provide a contract. The claim is now in the hands of a NC attorney who has sent another letter this week and is making collection calls. The number of FDCPA violations in this case is unbelievable.

Also, do you think that the original creditor FIA is trying to collect this or do you think this debt has been sold and resold. Any thoughts are appreciated......

[wahoo238]

§ 813. Civil liability [15 USC 1692k]

(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --

(1) any actual damage sustained by such person as a result of such failure;

(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or

1K, however you are in NC and state law allows for 2K per violation.

[Robert Nashville/Savannah]

It is $1,000 per action (suit). However, it was my understanding that no one is "required" to only file in small claims court and that either party to a suit could move it to a higher court.

That aside, when dealing with violations of Federal statutes, it's smarter, in my opinion, to file in Federal court and forget your local/state court system...Federal judges tend to take violations of Federal law more seriously than a state court and especially more son than a small-claims judge.

Finding out who owns the debt (if it's been sold) is one of the things you need to ask (and hopefully find out) through the Dispute/Debt Validation Request process. Your credit bureau reports may also shed light on ownership because if the original creditor is reporting but no longer owns the debt then the tradeline should indicate that and show a zero balance owed (zero because the OC no longer owns the deb and is, therefore, no longer owed anything).

What are some of the violations you've observed/intend to sue over?

Edit: wahoo is right, you can sue for damages. Keep in mind, however, that substantiating damages and putting a dollar figure on them is not always easy.