There seems to be some confusion about the FCRA and the amount of money involved with them. I have understood the FCRA to say: $1000 Per violation. I am now starting to hear its $1000 no matter how many violations a company commits. Which is it? For those people that have brought and won lawsuits against company's that have committed violations, what is the truth?? Is is $1000 PER violation, or is it $1000 per lawsuit??? Only those people that have fought and won a lawsuit based on violations need answer. If you know of a lawsuit and can provide a link that spells out one way or another which it is that would be helpful. Thanks
The truth really doesn't matter. The FDCPA states that it is $1000.00 per "action" i.e. $1000.00 per court action no matter how many violations you include in a complaint with the court. What I always do (and this is highly immoral) is I sue for $2500.00 regardless (the maximum in MD small claims) and always settle for like $1750 or something like that....the compaines would rather settle most of the time than pay for an attorney and pay for a hotel, flight or whatever to Maryland
$1000 per action PLUS attorney fees PLUS damages. That is why before filing you find a way to be "damaged". This does not apply to unauthorized pulling of your credit ($1000 per hard OR soft pull) or states that allow higher awards (CA?).
This is another excellent example of the courts interpretation of Legislative Intent. Even though the statute technically says $1,000 per action it's been interpreted that Congress did not intend to restrict a judge from leveling large punitive damage awards in the most egregious cases.
I cant wait until they go over the FCRA and hopefully redo somethings. If it wasn't for punitive, $1000 per action would be nothing. its no wonder most CRA's don't respond to ITS.
