Is it $1,000 per violation? A friend told me they had 5 documented violations of the FDCPA but when they went to small claims the judge said it was $1,000 total not per violation. He agreed they had 5 violations but only awarded $1,000 for the incident. why? I don't know about this, when I filed it was settled out of court for deletion. thanks, Candi
That's what I thought, $1,000 per violation. She went to court yesterday and today she called to tell me what happened. This judge must be a idiot. The CA called her at work 5 times after a C&D. She had CRR and confirmation # from a fax, she actually sent 2 C&D. All she got was $1,000 Thanks guys Candi
I've heard of judges ruling that a chain of violations equals 1 violation. If she'd had a lot of actual damages, though, she can get those (multiple denials etc). I think it depends on the judge, the mood, the court, the moon, the sun.. who knows.
Ok I can see the point he was getting at. It's 5 of the same violation so he ruled it as one. If it was 5 different violations then I don't think he could have ruled it as one violation. I'm NOT saying I agree, because I don't but I can see what he getting at...
The FDCPA does not say 5 "similar" violations should be counted as 1. 5 violations = 5 violations. I guess if I have 5 lates ( all similar, i.e., 5 30 day lates), they should just reduce them down to 1 late, since they're "similar".
Using the judges logic if one has 5 Derogs. on their report 4 of them have to be removed. Wouldn't it it be nice if the CC COs.started using this judges method;Pay late 5 times get charged 1 late fee and report the 5 lates to the CRAs as one time late.
Look up the FCRA (Fair Credit Reporting Act 07/99) under section 616 a.1.A "any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not mor than $1000;" or (B) "in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the donsumer as a result of the failure or $1000, whichever is greater:" --Essentially, you will be fined the maximum of $1000 per occurance if and only if someone obtains a credit report without your permission and up to $1000 to included attorney's fees for any monetary damage done to the consumer as a result of incorrect information placed on their report.
Civil liability for CA not responding to validation is provided for in the FDCPA (validation rights are in section 809): 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; HOWEVER, I think this only applies to validation sent during the 30-day validation period, at least according to the wording of the FDCPA, section 809- I'm confused by this... can you force validation by the FDCPA after the 30 day notice expires?
sorry, the FDCPA civil liability I just posted would also apply if the CA takes collection action after a validation is requested.
