I need help. I want to sue in State court, and I am trying to find where concurrent jurisdiction is listed either in the FDCP or FCRA. When I do a search, I come up with 15 U.S.C. §1692k(d) , but I need a plain language explanation on how this translates into concurrent jurisdiction. Can anyone help?
I presume you are referring to this issue: http://en.wikipedia.org/wiki/Concurrent_jurisdiction I also assume you are aware of this, in FCRA: http://www.ftc.gov/os/statutes/031224fcra.pdf "§ 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p] An action to enforce any liability created under this title may be brought in any appropriate United States district court, without regard to the amount in controversy, or in any other court of competent jurisdiction, not later than the earlier of (1) 2 years after the date of discovery by the plaintiff of the violation that is the basis for such liability; or (2) 5 years after the date on which the violation that is the basis for such liability occurs." and this, in FDCPA: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#813 "§ 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 (B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and (3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs. (b) In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors -- (1) in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or (2) in any class action under subsection (a)(2)(B), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector's noncompliance was intentional. (c) A debt collector may not be held liable in any action brought under this title if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. (d) An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs. (e) No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. "
My understanding is that the phrase, common to both FDCPA and FCRA: "any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction" means you can sue either in your Federal district court, or in the appropriate state court (or even small claims court) in the state where you are. You may also have state consumer protection laws that apply. Under FDCPA and FCRA, the actions that the debt collector or data furnisher took that affected or damaged you, where you live, give the courts where you live jurisdiction over the other party that may be in another state. You might review several web sites of attorneys that practice in this area of law, such as, for example: http://www.pennlawyer.com/fdcpa.htm That is my understanding. I am NOT an attorney.
thanks I was having a serious brain fart. Thanks for the help. If anyone is looking for a sample complaint form in California try the California forms of pleading and practice. Volume 13 Chapter 129 "Consumer Credit Reporting". Take lots of change for the copy machine and a sweater. People are dying from the heat and my toes turned blue after being in the law library a few hours