It is currently Tue Aug 11, 2020 12:34 am

All times are UTC




Post new topic Reply to topic  [ 2 posts ] 
Author Message
PostPosted: Mon Oct 02, 2006 3:29 am 
Offline
Site Admin

Joined: Fri Jul 14, 2006 6:19 am
Posts: 1687
Q: I guess I am unclear about the FDCPA and the amount of punitive damages a consumer can be awarded...
Is it a maximum of $1,000 no matter how many violations of the FDCPA the debt collector has?
Or is it a maximum of $1,000 for each violation?



A: No punitives under the FDCPA.

Some courts say: $1,000 per violation plus costs and fees but case law appears split.
Some courts say: $1,000 per case filed [file separate suits for each violation], plus fees and costs.

You can ALWAYS still sue for other violations, ex., 1681s-2[b], etc.

===================================

Thomas v. Law Firm of Simpson & Cybak,
Slip Copy, 2006 WL 2037329, N.D.Ill., July 17, 2006

===================================

Wood v. Midland Credit Management, Inc.
Not Reported in F.Supp.2d, 2005 WL 3159639
C.D.Cal.,2005.
July 29, 2005
The Court now examines whether punitive damages are recoverable under the FDCPA. The FDCPA allows for the recovery of [u]actual damages plus a separate statutory award of “such additional damages as the court may allow,â€

_________________
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


Top
 Profile  
 
 Post subject:
PostPosted: Mon Oct 02, 2006 3:50 am 
Offline
Site Admin

Joined: Fri Jul 14, 2006 6:19 am
Posts: 1687
1. Thomas v. Law Firm of Simpson & Cybak,
Slip Copy, 2006 WL 2037329, N.D.Ill., July 17, 2006

...alleged injury (the loss of the use and enjoyment of his truck) was not caused by Defendants' violation of the FDCPA. Since Plaintiff cannot demonstrate actual damages, Plaintiff is entitled to only (1) statutory damages of $1,000 per violation (for Defendants' failure to send the validation letter) and (2) litigation costs. In offering Plaintiff $5,000, Defendants have indeed offered...


--------------------------------------------------------------------------------

2. Wood v. Midland Credit Management, Inc.,
Not Reported in F.Supp.2d, 2005 WL 3159639, C.D.Cal., July 29, 2005

...amount to be determined by the trier of fact. The Court now examines whether punitive damages are recoverable under the FDCPA. The FDCPA allows for the recovery of actual damages plus a separate statutory award of “such additional damages as the court may allow,â€

_________________
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 2 posts ] 

All times are UTC


Who is online

Users browsing this forum: No registered users and 0 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
cron
Powered by phpBB® Forum Software © phpBB Group