In the case of: Bullman V. D & R Lumber Co., 464 S.E.2nd 771, 775-77 (W. Va. 1995): "Allows recovery of punitive damages where state statute provides for Treble damages, but noting that : "nder most legislative schemes, when a statute creates a cause of action AND provides the remedy, the remedy is exlcusive unless the statute states otherwise"). (AND cap is mine). I'm not an atty. (nor do I wish to be) so I put this over here for now, but I can tell you what I think this means. It means this business of allowing only ONE $1,000 [block] as damages PER ACTION, (per lawsuit) regardless of the number of violations, is pure CRAP!!! EACH violation is exclusive of each other and should be looked upon that way. I'll be lookin into it.
It is $1000 per case (lawsuit) as opposed to per violation. I have 7 cases to support this. However, I would prefer not to post the cases as it may give debt collectors and creditors unncessary ammo against consumers. However, based on these cases, it is very clear that the court ruled $1000 per action (lawsuit). But shhhhhhhh! Let's not tell okay?
