Hello, I don't really understand the following section in a Release I need to sign for a FCRA/FDCPA case that I have. I've never encounted it before. Can someone shed some light on this part? "This Release expressly reserves all rights of the person or persons on whose behalf the payment is made and the rights of all persons in privity or connected with them, and reserves to them their right to pursue legal remedies, if any, including but not limited to claims for contribution, property damage and personal injury against the undersigned or those in privity or connected with the undersigned" Thanks so much!! Honeycomb
What is a property damage or personal injury exemption doing in a FCRA/FDCPA settlement agreement? Did you crash into them? Give them ulcers? Are you the only "undersigned" and if so, why does this agreement one-sidedly only reserve rights against you. "Contribution" seems to refer to when there is a settlement of a tort involving several parties, and how the liability for paying damages is allotted among them, if, say, one settles with the plaintiff, but they were all liable to some degree. Many state laws appear to give the defendent that may have settled for more than his proportionate share the right to go after the others for the excess. My concern is whether it might also refer to whether any of them individually might still bring an action against you, claiming you contributed in some degree to the damages for which you are settling with them. If the agreement blocks you from further pursuing any claim against any of them in the matter, yet leaves any of them free to claim that you contributed to the damages that were settled, then you might not have the conclusive settlement that you were intending to resolve this dispute with finality. You probably intended that the result would be: In exchange for you paying me $X, and you removing the account permanently from my reports, with no future right to collect, sell, or transfer, we agree that this FDCPA and FCRA claim regarding this account is settled, and we won't bug each other about this matter forever more. If that is what you intended, you want to make sure that is the result. Maybe the whole agreement would clarify things. Or better, you should probably run this by an attorney. I am NOT one. Furthermore, the effect of this may depend specifically on state law. If you get anything out of this, you want it resolved with finality. You want to be sure they didn't give with one hand, intending to take back with the other.
Hi ontrack, Thank you very much for your response! I really appreciate the time you took to provided an detailed explanation. I sued a Credit Union and their CA for FDCPA and RFDCPA violations for inaccurate reporting - re-aging a debt that was already paid. We settled for an amount and the Credit Union is paying 60%, and the CA 40%. I don't know why they included a property damage or personal injury execmption provision. As far as I know they have no claims against me as there is no debt and I didn't harass during the case to them to cause them ulcers . My only thought was that maybe they intend to go after me for their legal fees - Can they do that?? Well, I will include a provision that they will take care of their own legal fees. I attached a redacted copy of the Release if you like to see it. Hopefully the attachedment function will work, or rather, that I did it correctly. honeycomb
