When a CA or CRA is in violation of FDCPA and/or FCRA, how would a total be calculated? In other words, say I rqst validation and the CA does not properly validate, and they are continuing collection activity by keeping the TL on a CR. They have also sent a bill attempting to collect the debt. Both of these are one statute violated, but more than once. Is the fine per statute or per violation of the same statute? (Is it $1000 or $2000?)
My reading of the laws would support this conclusion: All violations of the same section of the same law constitute a single violation. All violations of different sections of law consitute different violations. All violations of any section of any law after suit has been filed for a previous violation constitute a new violation. So, let's say Mr. Scumbag at Dewey, Screwem & Hard CA calls you and demands payment five times without responding to a validation request. 1 violation. In one of these calls, which you legally taped, he threatened to have you keelhauled under the USS Nimitz (he says he has a friend in the Navy who can arrange it). 2nd Violation You file suit against him for the above 2 violations. Three weeks later he calls again, without validating, and threatens to put out a contract on your life (he has a friend in the Russian Mafia) New violation, new lawsuit.
I read it as every act (not rule) is a separate violation. For instance... Dispute, not validated; verifies with the CRA (note the verifies: if they only update, and not verify it wouldn't be a violation; they are REQUIRED to update, but not allowed to verify) - FDCPA 809(b) (verifies with the CRA not updating as in dispute, & FCRA (b) violation for each CRA updated incorrectly. -- if they only update it would be a FCRA (a) violation.) Pulls credit report while under a verification - FDCPA 809(b) (& FCRA violation for non-pp 'collection purpose' does not apply since they are under an 809(b) barring of collection activity.) Mails collection letter while under validation letter - FDCPA 809(b). The only time I would see the last two canceling each other out is if they pull the credit report at the exact same time as they mail the letter, then it would probably only be ONE activity. If the letter is printed out any time after the pull (another day), then I would say that the two are separate acts. Remember that there are way too many ways for a CA to violate most rules for them to only allow one strike per rule. Now if the same letter violates a dozen rules, then the number of rules broken could prove that they are willfully violating the law.
Ok here's another scenario.... Say this debt was an alleged bad check from 1997 for about $40. Would this debt still be looked at like, say an unpaid cc amount? or would that not really matter because it is a CA trying to collect on a debt, plain and simple?
A debt is a debt... http://www.ftc.gov/os/statutes/fdcpajump.htm Look at the News Releases Headline... For Release: May 16, 2003 New Jersey Debt Collectors Charged with Illegally Threatening Arrest and Prosecution of Consumers
