Section 1692k(a)(2)(A) provides that a person violating the FDCPA is liable for, â??in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000.â? http://www.ctd.uscourts.gov/Opinions/062701.JCH.Evanauskas.pdf please somebody come up with some evidence or claim of debt definitions from some caselaw!
How to clean credit by an ex-collection agent. Really really good http://www.cchono.com/~jbjjsurf/library/book.doc
There is a LOT of caselaw to back up the per action, but there is also some caselaw stating that the judge has discretion based on the number of violations, and other things to determine if it is per violation. I used this in my complaint. Don't have time tonight to post it (in the middle of a movie), but will try to post it tomorrow. L
Per action... This is what I used in my complaint...can't find the case I got it from though. I must not have printed it out. §§ 1692k(a), a prevailing Plaintiff may recover actual damages. Also, a prevailing Plaintiff may recover such additional damages as the court may allow, but not exceeding $1,000 and the costs of the action. However, because a court can adjust the size of each individual damages award to avoid injustice and limitation by incident might permit wrongful behavior to go unpunished when one single incident includes a number of particularly egregious violations, the limit in 15 U.S.C. §§ 1692g(a)(2)(A) applies to each violation. The number of incidents, however, is relevant to the amount of the damages to be levied.
