fdcpa violations 1000 bucks

[BigJohn]

We had a situation last year in which we probably could sue for a large amount of money but what we found out is that all the lawyers we talked to wanted a large deposit. It probably was good we did do nothing because the other party claimed they had an almost unlimited supply of money to spend for such matters.

[OhioFiler]

We had a situation last year in which we probably could sue for a large amount of money but what we found out is that all the lawyers we talked to wanted a large deposit. It probably was good we did do nothing because the other party claimed they had an almost unlimited supply of money to spend for such matters.

You bet. The last thing the entire collections industry needs is any type of precedent establishing their actions are illegal. They'll fight you tooth and nail.

[icarus]

Oh, yes

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???

[icarus]

I dunno about that

We had a situation last year in which we probably could sue for a large amount of money but what we found out is that all the lawyers we talked to wanted a large deposit. It probably was good we did do nothing because the other party claimed they had an almost unlimited supply of money to spend for such matters.

Sorry, Big John but "we have an almost unlimited supply of money to spend for such matters" is a pretty standard line... but just a line. The truth is actually most agencies will simply settle your case very quickly.

99.9% of cases against agencies are not setting any type of precedent; in other words, such cases have been tried and won many times before. The 'industry' will only ban together and really fight when a case may set a new precedent for the industry, thus forcing industry operators to completely change their procedures.

The last such action was the Foti case, in which the collection industry lost a big one. There haven't really been that many over the last decade.

Believe me, if you feel you have an actionable case against an agency... pursue it. The type of attorney you are looking for is a specialist and usually only handles this sort of case. Sometimes you will find attorneys who are Trustees will also handle such cases. You cant just open the yellow pages, however, and find any attorney to take an FDCPA case.

The best bet is to consult a BK attorney, and ask him/her for a referral to someone who will handle a FDCPA case. Local attorneys always know! Or, contact the local (not state) bar association... get referrals.