fdcpa violations 1000 bucks

[junker]

there has been soooo many posts about fdcpa violations and saying people can get up to 1000 bucks for each one, and so many posters have apparantly been violated,....but.... has ANYONE here EVER collected a 1000 bucks for that violation? please give us all encouragement and tell us if you have ever GOTTEN your 1000 bucks... it seems about every other post here implies some sort of violations....how many have followed through.. and filed with fdcpa... and received your money???

[HHM]

Well, that is the big question? No one really ever goes to court. The issue really isn't something that can be litigated pro se, discovery is a pain as you will need to travel to the CA to do depositions, etc. Also, many people really don't keep good evidence of the violation.

Also, it is not $1,000 per violation, it is $1,000 per collection agency (this fact is heavily disputed in courts, but many courts now essentially hold that it is $1,000 total, not $1,000 per violation. However, all you need is 1 violation to get attorney's fees paid)

[treehugger1]

Yep, federal records here suggest the $1K fine is good per CA, not individual violation by CA.

While the fedearal courts may allow violations as a counter-claim, it does not appear that the state courts allow the $1k counter-claim amount. Th eamount here in Oregon appears to be $200 per violation. One could easily spend a great deal of money on a gamble that the federal judge or state/local judge will acknowledge the counter-claim. I hear a lot of chatter on other boards about counter-suits for violations, but our court records here don't suggest very many.

If nothing else, the potential for counter-claim might get you to the point of working something out with the creditor/CA/JDB, but it will most likely not make the debt go away. That's why we have BK laws!

[HHM]

An attorney I know who does debt settlement uses FDCPA violations as a negotiation tool to ultimately settle the debt, but rarely is an FDCPA cases filed. However, he still works-up the FDCPA case to some degree so he has better evidence to present during negotiations.

[junker]

so as you said HHM, a case for just a violation is rarely filed on its own merit, it would probably cost more than you could ever recover, IF a lawyer took it on consignment, which i doubt any would. so unless its used with something else, as you mentioned, such as negotiation to setle a debt, its pretty much an empty threat to tell a ca that you will sue, and i am sure they know that. which is why there are so many flagrant violations, according to what i read here.

[BigJohn]

i got a feeling the violations are baiting material to get the debtor to do something and in the ultimate case, get him to show up at court.

[HHM]

so as you said HHM, a case for just a violation is rarely filed on its own merit, it would probably cost more than you could ever recover, IF a lawyer took it on consignment, which i doubt any would. so unless its used with something else, as you mentioned, such as negotiation to setle a debt, its pretty much an empty threat to tell a ca that you will sue, and i am sure they know that. which is why there are so many flagrant violations, according to what i read here.

Yep, as far as the CA is concerned, to sue under FDCPA claims is an empty threat. Where you can get some traction with CA's is if you have grounds to report them to your State's Attorney General.

There are attorneys that file FDCPA cases and do so an a contingency basis, but as you can imagine, they only take very very strong cases, and most debtors simply do not keep accurate enough records or evidence to prove the FDCPA claim.

As well meaning as the FDCPA was, it is, as a practical matter, very difficult for the average person to enforce their rights.

[CompTweaker]

Its $1000 per case, no matter how many violations.

Heres a quick little read of someone suing based on fdcpa violations.

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=216852

and for what its worth, heres some other sites I had saved that may be worth reading.....also naca.net I think has some case law of FDCPA lawsuits they have won.

http://www.fair-debt-collection.com/most-asked-questions.html

http://www.krumbeinlaw.com/Webpage_files/page0004.htm

Oh, theres also FCRA violations that can always be looked into.

[treehugger1]

CT, After much discussion with legal counsel here a couple of years ago. it appears there is plenty of case law and precedent in my federal district that suggests its $1000 per CA/consumer account, not $1000 per/violation/CA. Now, if I had a sh*tload of money and could take the case to the ninth circuit court of appeals I might do that, but precedent here suggests an outright loss on my part. There are many attorneys here in my state that are willing to sue for continued violations of the FDCPA. They need bonifide and documented repeat violations. When they win (and they do) they get several $thousands awarded to them in attorney fees, and the consumer probably gets 60%-70% of the $1000. You must live in a federal district that hates CA's and JDB's.

[dingdong]

Also, some states have more "consumer friendly" versions of the FDCPA, like California which you can sue under. Check your states laws on debt collection to see if they apply. Many times a strongly worded ITS can get a deletion settlement, where the CA doesn't want to deal with the issue, kind of a PITA approach, but sadly many times the debt is just sold to another JDB and reported again.

I have a particular creditor on many FDCPA violations and stay violations, but is it worth the hassle for 1000.00 or the headache and expense of filing sanctions, probably not.

Could it be worth it to get a deletion of the bad TL on my CR, maybe.

[OhioFiler]

Isn't the $1,000 the punitive limit? Can't ACTUAL damages be claimed in a lawsuit? Emotional distress....etc.?

[CompTweaker]

CT, After much discussion with legal counsel here a couple of years ago. it appears there is plenty of case law and precedent in my federal district that suggests its $1000 per CA/consumer account, not $1000 per/violation/CA. Now, if I had a sh*tload of money and could take the case to the ninth circuit court of appeals I might do that, but precedent here suggests an outright loss on my part. There are many attorneys here in my state that are willing to sue for continued violations of the FDCPA. They need bonifide and documented repeat violations. When they win (and they do) they get several $thousands awarded to them in attorney fees, and the consumer probably gets 60%-70% of the $1000. You must live in a federal district that hates CA's and JDB's.

Thats what I was saying....its $1000 per case, or consumer lawsuit account, whichever way you want to word it. If you're being sued and the plaintiff has crossed the line of violating the FDCPA, with 1 violation or many violations, (in that specific lawsuit case), there is a limit of $1000 that covers 1 or all violations. Now actual damages, if they can be proved is another story
Maybe I should have done a better job of making it more clear .....but I think we're on the same page.

[CompTweaker]

Isn't the $1,000 the punitive limit? Can't ACTUAL damages be claimed in a lawsuit? Emotional distress....etc.?

That is something that would be hard to prove but it is possible ......according to what occurred, what is properly documented, and of course in a case like that, instead of going pro se, you hire a reputable lawyer.

[OhioFiler]

That is something that would be hard to prove but it is possible ......according to what occurred, what is properly documented, and of course in a case like that, instead of going pro se, you hire a reputable lawyer.

With a good attorney and a jury trial with sympathetic jurors I think one could send a message. I'm sure the defendants would spend a fortune to fight the action.

[lookingforward]

My lawyer told me that he got a payment on this situation...
A ca got one of his clients picked up by the police for theft. The client actually spent the night in jail. My lawyer said he got 30,000.