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FDCPA Violations: Can creditors be sued for such violation?

Date: Thu, 03/12/2009 - 21:37

Submitted by IPoured
on Thu, 03/12/2009 - 21:37

Posts: 223 Credits: [Donate]

Total Replies: 15


Did I understand correctly when someone around here said, when you file a lawsuit against one collection agency for several violations of the FDCPA, you must file a separate lawsuit for each violation?


Yes, for each violation you can file lawsuit and claim $1000 + actual damages + Fees of attorney.


lrhall41

Submitted by on Thu, 03/12/2009 - 22:03

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It is not that you HAVE too...If I remember correctly, FDCPA allows you to only sue for $1000 no matter how many violations, per lawsuit...SO...if you have multiple violations, then file multiple lawsuits at $1000 a pop.


lrhall41

Submitted by goldenbast on Thu, 03/12/2009 - 22:24

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If you have a collection agency on 14 violations for the FDCPA, be careful of filing a separate lawsuit for each to make more money. It could be considered claim splitting and that is illegal.


lrhall41

Submitted by pokertramp on Fri, 03/13/2009 - 03:32

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Okay! Now for instance, can you file a lawsuit for violations of FDCPA ($1000 potential penalty) and FCRA violations (Reporting inacurate information to 3 different credit reports, $3000?) all in the same lawsuit?


lrhall41

Submitted by IPoured on Fri, 03/13/2009 - 12:08

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Not that I believe that actually will in my case but...

What if CA has the incorrectly reported items removed (can it be completely removed?) from your credit report, can you still sue them because it WAS reported it incorrectly?


lrhall41

Submitted by IPoured on Fri, 03/13/2009 - 12:47

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After Reading FCRA sec's 621 and 623, it would seem as though my next move would be to notify the CA and remind them of their duties to correct their reporting errors with the Credit Bureau's. My prior verbal efforts to get them fix these errors have gotten me nowhere, so maybe now I will try again by giving them a certified written notice citing FCRA violations if they do not fix it.


lrhall41

Submitted by IPoured on Fri, 03/13/2009 - 13:27

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Nascar, why would I have had to go through the motion of actually being denied credit? The fact that it is reported negitively on my credit report is proof enough that credit will have been/will be denied, isn't it?


lrhall41

Submitted by IPoured on Fri, 03/13/2009 - 13:33

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no, it does not, which is why you can sue them for the statutory damages--a set amount thats the penalty for that violation, set by law--and then you can add on actual damages, which would be any actual amount you have been penalized due to their violations. If you had to pay higher interest rates because of their incorrect reporting, that amount would be actual damages.


lrhall41

Submitted by on Fri, 03/13/2009 - 14:59

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