FDCPA & actual damages

Discussion in 'Credit Talk' started by pat, Oct 27, 2000.

  1. pat

    pat Guest

    Mr. Villasenor-

    As you're aware, the FDCPA allows collection of actual damages if the defendant is held liable:

    § 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

    It is a very likely argument that actual damages may include emotional distress. The 9th Circuit Court of Appeals has held that a plaintiff may ask for damages for emotional distress in an FCRA action. It is very likely that this argument would influence a court's decision in an FDCPA action.

    In a case where liability is obvious, and the only issue which is uncertain is the amount of damages a jury will award, it is often the case that a defendant will offer settlement in the amount of what it would cost to defend such a lawsuit if it went to trial.

  2. Crdt Dfnse

    Crdt Dfnse Well-Known Member

    Real-world Tactics

    You know I think weâ??re coming from two different perspectives. Iâ??m commenting on this subject based on actual experience with a wide variety of cases, whereas you are apparently considering only case law. This doesnâ??t mean either is necessarily wrong, per se. Only such applications of theory from tactical standpoints differ greatly, and are dependant on many factors specific to a case.

    Look at it this wayâ?¦ Sure one can purport a certain ruling, but litigation is far more a matter of tactics than anything else. To prevail one must have a game plan, strategies that serve to prove a given point. So while I commend and (truly) admire your enthusiasm, prevailing in litigation is far more than being able to quote case law as absolute. Itâ??s anything but, as you may agree, because it is ever changing by follow-up rulings.

    Keep The Faith,
    Anthony Villaseñor

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