FDCPA Violations: Can creditors be sued for such violation?
Date: Thu, 03/12/2009 - 21:37
fdcpa violations
Yes, for each violation you can file lawsuit and claim $1000 + actual damages + Fees of attorney.
fdcpa violations
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.
fdcpa violations
It's pretty much standard in court cases to press charges for as many violations as possible. Bring a list.
money making through fdcpa violations
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.
FCRA & FDCPA
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?
Yes but FCRA violations I believe are $2500 per violation. if t
Yes but FCRA violations I believe are $2500 per violation. if the same incorrect info is on all 3 CRA's = $7500
If you can prove that you were denied credit or charged a higher
If you can prove that you were denied credit or charged a higher interest rate as a result of their inaccurate reporting, I believe you could still make the case. Go to the FTC website and read sec 621 of the FCRA
Notify CA?
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.
Proof of denied credit-fdcpa violations
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?
Does it say somewhere in the FCRA that damage must have occurred
Does it say somewhere in the FCRA that damage must have occurred as a result of the violation for the penalties for such to be enforced?
fdcpa violations
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.