Question about FDCPA claims

[sillymonkey]

I was wondering if someone would clarify this for me.

Say the CA calls repeatedly, each time not disclosing who they are. Is it up to $1000 per call or just up to $1000 regardless of how many times they didn't disclose?

[nascar]

Plaintiff in an FDCPA action can recovery up to $1000 in statutory damages per action, regardless the number of independent violations. Note however, that the frequency or severity of violations can give rise to a claim of actual damages, in addition to statutory.

[sillymonkey]

AH...so if they are different actions, like not disclosing themselves and say, calling after I told them (in writing) to contact me in writing then it's up to $1000 for each action correct?

[BV80]

AH...so if they are different actions, like not disclosing themselves and say, calling after I told them (in writing) to contact me in writing then it's up to $1000 for each action correct?

 

Each different violation is not the action to which Nascar was referring.  Action means lawsuit.  It's up to $1000 per lawsuit.  You would include all of their violations in one lawsuit.

[Linda7]

Also there are your state violations to consider.  Even though FDCPA may be limited to $1,000, some states have further damages - some even mimic FDCPA and can treble the damages.

[sillymonkey]

oohh..I see. Unfortunately, CFDCPA is almost the same as the FDCPA