FDCPA Violations
Date: Sat, 06/07/2008 - 17:38
It varies by state legislation, by default you can sue under the
It varies by state legislation, by default you can sue under the fdcpa for $1,000 total. You'll have to check with your states legislation (generally under the UCC) to check their statutes on consumer rights regarding debt collection.
it os a grand total of "up to $1000 in statutory damages, plus a
it os a grand total of "up to $1000 in statutory damages, plus any actual damages". This means that, whether they violate the fdcpa once or a hundred times, the most you can get from them is $1000 in statutory damages. The actual damages, however, are a different story. Depending on the type and extent of their violations, you could argue about undue stress and so on.
Also, dont forget to check for any FCRA violations as well--those are $1000 per individual violation, and not like the FDCPA is. Remember--if they incorrectly report a debt on your credit report, thats an FCRA violation....if they incorrectly report that debt on all three of your reports, it's three violations. you can see how that may add up pretty quickly. Check all of your credit reports for the account in question and make sure that they have not incorrectly reported any of the details about it.
What is a consumer rights attorney? That is not terminology I h
What is a consumer rights attorney? That is not terminology I have heard before?
go to www.naca.net for a consumer advocate attorney
go to www.naca.net for a consumer advocate attorney
Do you know if that is the type of attorney I would need for my
Do you know if that is the type of attorney I would need for my situation with Palisades Collections?
Definately! They would be very well versed in the fdcpa, FCRA a
Definately! They would be very well versed in the fdcpa, FCRA and any state laws governing debt collection.
If I was told that they feel that Palisades violated the VDCPA,
If I was told that they feel that Palisades violated the VDCPA, but no mention was made of FCRA violations, should I ask about FCRA violations? Or should I assume the attorney checked into BOTH? I don't want to nitpick the attorney, but of course I want the maximum I am entitled to under the law.