R Emp of CA indv liable under FDCPA

Discussion in 'Credit Talk' started by 3dayevntr, Mar 16, 2004.

  1. 3dayevntr

    3dayevntr Well-Known Member

    Are individual debt collectors (employees of CA ) financially liable for violations under the FDCPA?

    Say Sally debt collector calls me at home after a full Cease & Desist is received, can she be named in a suit along with the CA or as the sole defendant?

    3day
     
  2. keepmine

    keepmine Well-Known Member

    Yep. Here's some case law.

    http://www.edcombs.com/CM/Opinions/opinions58.asp

    Avila's motion carried the day as Rubin was held liable to the class under [*9] @@ 1692g and 1692e(3) and (9) of the FDCPA, and Van Ru was found liable as well under @ 1692g. Van Ru and Avila stipulated to damages of $ 20,000 and judgment in that amount was entered. Then, following a bench trial on the issue of statutory damages, judgment was entered for Avila against Rubin for $ 84,983. Rubin and Van Ru appeal
     

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