tsegnit Posted September 9, 2010 Report Share Posted September 9, 2010 Hi all and thanks for reading my post. Once you have sent a "Cease & Desist" letter by CRRM to a Collection Agency and they continue to call after documented receipt and you take them to court, does each offense have to be filed separately or can they be grouped together in the same complaint?Thank you for your time...T Link to comment Share on other sites More sharing options...
chuckygee Posted September 10, 2010 Report Share Posted September 10, 2010 Sounds like FDCPA violations. Only one case is appropriate. You are limited in recovery under FDCPA. Now if the calls were to your cell phone, you may have TCPA violations which have a per occurrence penalty. Link to comment Share on other sites More sharing options...
tsegnit Posted September 10, 2010 Author Report Share Posted September 10, 2010 Thanks for the reply. So, as I understand your post, even if there were 100 calls to the home phone, you can only tag them for one (1) violation @ $1,000? But if there were 100 calls to a mobile phone , they could be sued for each occurrence??? Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted September 10, 2010 Report Share Posted September 10, 2010 Thanks for the reply. So, as I understand your post, even if there were 100 calls to the home phone, you can only tag them for one (1) violation @ $1,000? But if there were 100 calls to a mobile phone , they could be sued for each occurrence???Sort of. You can sue them for the 100 phone calls to your home phone in one cause of action but the statutory recovery is $1,000 plus reasonable attorneys fees per lawsuit under the FDCPA. Link to comment Share on other sites More sharing options...
chuckygee Posted September 10, 2010 Report Share Posted September 10, 2010 (edited) Thanks for the reply. So, as I understand your post, even if there were 100 calls to the home phone, you can only tag them for one (1) violation @ $1,000? But if there were 100 calls to a mobile phone , they could be sued for each occurrence???Yes, the statutory max is $1,000.00 like USC said per cause of action 1 to 100, but you can also sue for actual damages. Emotional damage, invasion of privacy, or others, but mind you these are tough to prove. And the $1,000 is the max. So if a judge or jury decides that the violation is worth $5.00, then that is your judgement.The FDCPA does call for any attorney fees to be paid if you are the prevailing party. So get an attorney to assist with the counter claim. They almost always get more money than you on FDCPA, but it puts the pressure on the CA to settle, because the longer they fight and lose, the more it cost them.Edit:Forgot the second part. The FCPA would be one lawsuit, but each time is actionable in the same suit, so you could ask for damages for each one. Edited September 10, 2010 by chuckygee Link to comment Share on other sites More sharing options...
willingtocope Posted September 11, 2010 Report Share Posted September 11, 2010 Note...the FDCPA does permit them one more conversation with you after the C&D...did you ever answer one of their calls? Link to comment Share on other sites More sharing options...
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