I wish I had found this forum sooner. I had no idea what my rights were, which is a sad testament to the state of consumer protection against abusive CAs. But I digress ...
In March of this year I was sued by Apothaker Associates regarding an old Cap One debt. This was their first contact; I had never heard from Apothaker before. This was a real lawsuit; I was served by the sheriff and I had a date in small claims. Ultimately, I settled with Apothaker, went to the hearing, and won the suit.
Now, after doing my homework, I'm enraged. Apothaker didn't send any of the "first contact" FDCPA notifications at all. The act and FTC opinion make it clear that even if "first contact" is litigation, the FDCPA notice must still be sent. It's a clear-cut, black-and-white FDCPA violation.
Since I already paid the settlement in full, and since the court date has long since come and gone, can I still file suit for FDCPA violations? If so, how do I prevent them from lying and saying "Oh sure, we mailed a notice weeks before the lawsuit"?