Very interesting info on LawSuits

Erica · Jun 30, 2002

When a creditor sues you he can decide to sue you in 1 of 2 places. Where you signed the contract, or where you currently reside.

Sec. 1692i. - Legal actions by debt collectors

(a) Venue

Any debt collector who brings any legal action on a debt against any consumer shall -

(1)

in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or

(2)

in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity -

(A)

in which such consumer signed the contract sued upon; or

(B)

in which such consumer resides at the commencement of the action.

(b) Authorization of actions

Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors
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Erica · Jun 30, 2002

Sec. 1692k. - Civil liability

(a) Amount of damages

Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter 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) Factors considered by court

In determining the amount of liability in any action under subsection (a) of this section, the court shall consider, among other relevant factors -

(1)

in any individual action under subsection (a)(2)(A) of this section, 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) of this section, 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) Intent

A debt collector may not be held liable in any action brought under this subchapter 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) Jurisdiction

An action to enforce any liability created by this subchapter 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) Advisory opinions of Commission

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
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Check out the intent part.... Very for the CA's now, isn't it?

gib · Jun 30, 2002

I would think intent isn't hard to prove if they continue to violate FCRA after you've pointed out the error and have a paper trail to prove it.

Gib

ohnostuck · Jun 30, 2002

I guess I am showing my blondness. I can never read or follow that stuff.

Now why couldn't they just put it the way you said it.

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