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Discussion in 'Credit Talk' started by lsmith15, Sep 5, 2003.
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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.
Are you filing 6 separate suits? The FDCPA limits you to a maximum of $1,000 statutory per suit, not per claim.
Â§ 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
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.
Ok, just checking. I've seen cases that went the other way. Here's a link to a related discussion:
Thanks for that info tol.......now 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.
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.