tsegnit Posted October 18, 2011 Report Share Posted October 18, 2011 Alrighty then; CA was sent (certified) letter to C&D; they rang me up 28x to date. All caller ID photographed. So, can I bring suit in Federal Court for 28 violations of FDCPA?Thank you,T Link to comment Share on other sites More sharing options...
BV80 Posted October 19, 2011 Report Share Posted October 19, 2011 Alrighty then; CA was sent (certified) letter to C&D; they rang me up 28x to date. All caller ID photographed. So, can I bring suit in Federal Court for 28 violations of FDCPA?Thank you,TYou can sue. But if you're thinking 28 violations X $1000, no. Damages are awarded per action (your lawsuit), not per violation. No matter how many times they violate the FDCPA, the max in statutory damages you can receive is $1000. You can request punitive damages (harassment, mental anguish), but any amount is up to the judge. Link to comment Share on other sites More sharing options...
Credithis Posted October 19, 2011 Report Share Posted October 19, 2011 If you didn't reply to one of those phone calls then No. They are allowed to communicate with you one more time after a cease communication is received to tell you what they intend to do. Answer it one time and tell them to go to hell. A msg. left on the answering machine does not count as their last communication. Link to comment Share on other sites More sharing options...
1stStep Posted October 19, 2011 Report Share Posted October 19, 2011 I've had good luck pairing FDCPA violations with harassment...just something to think about. Link to comment Share on other sites More sharing options...
tsegnit Posted October 21, 2011 Author Report Share Posted October 21, 2011 ...thank you all... Link to comment Share on other sites More sharing options...
mndjrm Posted October 31, 2011 Report Share Posted October 31, 2011 As long as everything is documented and you know it will hold water - I say good luck. the Fair Debt Collection Practices Act (FDCPA) has been a God Send to so many people (so I've heard). Link to comment Share on other sites More sharing options...
legaleagle Posted October 31, 2011 Report Share Posted October 31, 2011 United States Code: Title 15,SUBCHAPTER V—DEBT COLLECTION PRACTICES | LII / Legal Information InstituteSections C and D apply. K is the liability part. Link to comment Share on other sites More sharing options...
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