CA getting sued today

Discussion in 'Credit Talk' started by lsmith15, Sep 5, 2003.

  1. lsmith15

    lsmith15 Well-Known Member

    I am going down to file a suit in Federal Court today on a CA Rossman & company DBA Physicians Credit Bureau....Faxed over a copy of what I would be filing in Federal Court on the 20 of August telling them unless they agree to my ITS letter paying me damages and removing said TL I would file on the 5th of September in Federal Court....Got a call from there "office Manager" telling me that they would remove the items after 5 letters requesting validation and them verifying with two CRA that the TL was correct , but that my demands for money was extortion and they would NEVER pay. So gonna go file today I have them on 6 FDCPA violations which carry $1,000 each so thats statutory damages of 6,000 plus asking for 30,000 in punitive damages. I will keep you posted on how things go.
  2. DanS

    DanS Well-Known Member

    They called you and were attempting to settle - good sign but it literally costs them nothing to do so.

    I guess it's "extortion" when you exercise your rights as a consumer. Since they've got time before having to appear in court, I'd guess they'll make a better offer after you've filed.
  3. tolstoy

    tolstoy Member

    Are you filing 6 separate suits? The FDCPA limits you to a maximum of $1,000 statutory per suit, not per claim.
  4. LKH

    LKH Well-Known Member

    § 813. Civil liability [15 USC 1692k]

    (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --

    (1) any actual damage sustained by such person as a result of such failure;

    (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or
  5. lsmith15

    lsmith15 Well-Known Member

    there are court decisions out there already that have addressed the issue of if is just 1,000 per suit or 1,000 per FDCPAs violations and they all have stated that its per violations, so you can sue for more then one thousand dollars.
  6. tolstoy

    tolstoy Member

  7. lsmith15

    lsmith15 Well-Known Member

    Thanks for that info do u have any links where the courts ruled in the favor of 1,000 for each violation ? that would be useful if to me if u do.
  8. tolstoy

    tolstoy Member

    Actually, I haven't come across any yet. Most of the results I've heard from others is that they've settled out of court, so it hasn't been tested by many I've come into contact with.

    I've been advised to file separate suits for each or prove actual damages to get past the FDCPA hurdle of limits. However, the FCRA, from what I hear, is per violation.
  9. lsmith15

    lsmith15 Well-Known Member


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