Question for *Observer* re: FDCPA violations
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Posted by Tired Ohio
(172.150.80.165) on August 02, 2003 at 07:35:07:
I have a few question I'm hoping you can answer. A couple days ago you said: "You may sue for an FDCPA violation in your local small claims court acting as your own lawyer." I was thinking about this and looked up info on the local small claims court. This is where they set a limit (around $3000) right? I just wanted to make sure. So small claims deals with the FDCPA? I don't know much about what they deal with. I've only read "we only handle monetary claims". Is there a stated fine for a creditor violating that? Is this just one case/claim? Or were you meaning separate claims? Can you file separate claims against the same company at the same time? I just found this: ---
OVERVIEW: The debtors brought an action against the collection agency for violations of the FDCPA, 15 U.S.C.S. § 1692 et seq. The debtors asserted that 15 U.S.C.S. § 1692k entitled a successful plaintiff to recover up to $ 1,000 per violation of the FDCPA as statutory damages. The collection agency filed a motion for summary judgment and asserted that the FDCPA limited the award of statutory damages to $ 1,000 for each proceeding. The court granted the motion. The court held that the statutory language of § 1692k clearly implied that statutory damages were limited for an individual plaintiff to $ 1,000 for each proceeding. The court further stated that a review of the existing case law revealed that the FDCPA limited the statutory damages available to a successful plaintiff to $ 1,000 for each proceeding.
OUTCOME: The court granted the collection agency's motion for summary judgment on the issue of the award of statutory damages available to the debtors in their action brought under the FDCPA.
--- So what does that mean? A creditor can be ordered to pay no more than $1000 for all violations even if its several? I just wanted to find out the best way to do that if I were to pursue a creditor that has made more than one violation (including having a collection agency pull 2 of my credit reports (for debt discharged in bk) - and trying to collect a discharged debt)
Thanks
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