Ive read about this in numerous posts, but none of the posts really included what that meant? Can someone please tell me what $1000/violation (from collection agencies, I suppose?) is all about? Thank you!
jia-li, You need to check out the FDCPA and FCRA. They both cover this. There is also a link to this on creditinfocenter.com homepage.
When a original creditor, credit bureau, or collection agency violates one of the several Federal laws regarding the reporting of a consumer's credit, the consumer has the right to sue for each violation for up $1,000. This is a brief and inadequate explanation. In the words of the many vets on the board, you will need to do A LOT of research on these laws to truly understand them, however. I would suggest reading the official and unofficial FAQs pages again and again, especially the FCRA, FCBA, FDCPA. humblemarc
Thanx yall but where do I find this info that you're talking about (on this website)? Matter of fact, where do I find the letters you send, info on the FCRA, etc on this site?
You'll find em on www.ftc.gov FCRA http://www.ftc.gov/os/statutes/fcrajump.htm click on The Fair Credit Reporting Act FDCPA http://www.ftc.gov/os/statutes/fdcpajump.htm Click on Fair Debt Collection Practices Act. Letters you can find on the main discussion page under "sample letters" http://consumers.creditnet.com/straighttalk/board/forumdisplay.php?s=&forumid=25 Good luck!
Actually, under federal law, its $1,000 per action, although we *ask* for $1,000 per violation. Apparently under some state laws it is per violation, though. Will depend on the judge you end up with most likely. Creditnetters have reported that its gone both ways. L
which i understood to mean...xyz collection agency commits 5 violations for 1 account in your file...you sue for $1000 because it's 5 violations under 1 account. am i wrong/correct?
its in the FAQ... check out the first two threads in this board... that will probably answer 90% of yoru questions... but if its still unclear then ask ask ask away.. LOL
Euro...its per action...an action is a lawsuit, so theoretically when you bring a lawsuit, the statutory damages are $1,000. L
That is what I have argued about with this attorney here. I was told, no matter how many violations the CA made, I can only ask for $1000.00. Figuring most times, you are sued for over 1K, seems even futile to have this paper trail of violations. I was also told the judge can rule in the CA's favor, because if the violations are a result of an oversight, they still win the judgment.
Well, will let you know how everything goes. I HAVE to agree to some settlement with this CA. Ticks me off, cause they violated several times, but can only CLAIM one action. Would love it, late several times, but can only claim one late pay!
I absolutely NEVER thought I'd see the day. $1,000 per violation is the OLD way. Before the act of 1996 took effect. Now it's $1,000 per violation. Here's a case law item: http://www.ftc.gov/os/1999/9902/perimeter-cmp.htm FTC v. PERIMETER CREDIT, L.L.C. and ACCOUNT PORTFOLIOS, (Which is OSI btw) CIVIL PENALTY AND INJUNCTION 17. Each instance within the five years preceding the filing of this Complaint in which Defendants failed to comply with the FDCPA in one or more of the ways described above constitutes a separate violation of the FDCPA for which Plaintiff seeks monetary civil penalties. Always demand $1,000 per violation, understanding that we have a long way to go before we can get the judges to stop protecting the CRA's, CA's and OC's by insisting it's still $1,000 per action. That' my take, but I was wrong once before. LOL
My attorney settled a claim against a CA last year for much more than $1000 per violation, so anything can happen!
Terri, the $1,000 is only statutory damages. He could also get actual damages and punitive damages above that. L
