How much do I ask in my counterclaim for violating FDCPA?

(a) Amount of damages
Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of????????

(A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000

Does that mean that if they violated 1692f, 1692e(2) 1692e(10) 1692g(4) that you are entitled to $,1000 or is it $1,000 for each violation, being $4,000 in this case?

So you skip out on your debt and now you want to sue those who were just rightfully trying to collect what you owe? Have you always been this much of deadbeat? How about getting a job and paying your bills instead of living as a freeloader?

When you try and be cute and file a countersuit, the collector will just ratchet up the damages and take you for even more. You don't know what you're playing with. You're better paying what you owe and slinking away.

Skipping out on a debt is wrong yes. Consumers have guidelines to follow and suffer if they are not met. BUT collection agencies have guidelines to follow also and if they followed these guidelines, people would not have to counter sue. It should also be made clear that sometimes there are errors made and proof is provided, but that does not set free the fact that a collection agency violated the law. People should still be compensated for errors.

No Nonsense, you come on this site constantly only to trash talk and name call. I seriously recommend you spend less time squabbling with people who have had hard issues to deal with and get yourself a life.

NNC, you talk about SLINKING AWAY, you're the only snake that I know that does that, SO, WHY DON'T YOU SLINK AWAY BACK TO YOUR HOLE!

No nonsense Collector seems to believe that all sleazy debt collectors will be able to continue to run wild and fancy free. The truth is....all illegal activity that these bottom feeders participate in will be coming to an end before too much longer. There will always be bill collectors...they are the world's third oldest profession under prostitution, and tax collecting. Not exactly stellar company huh? The change will come on the federal level. Like I have been saying, and I have a sixth sense about such things...the feds are are going to be getting involved in regulating how debt collectors are conducting collection procedures. Not sure of the dates of hearings etc, but it looks like they are finally going to be stepping in. More consumers need to go to webpage and get in touch with them to tell your own stories about your experiences with debt collectors. Seems like these testimonies will be needed by feds for review of debt collection practice overhauls.

[color=DarkRed][size=2]*company name deleted as per the forums rules-Jason[/color][/size]

If they list themselves as a factoring company on all 3 credit reports is that 3 violations=$3,000 or is that considered 1 violation?

It's at least 3 violations. Depending on how you articulate it in court you could get them for as many as 9 just for that under the following:

Violation of ???? 623A 15 U.S.C. ???? 1681s-2, knowingly supplying inaccurate information
Violation of ???? 616 15 U.S.C. ???? 1681n, willfull noncompliance
Violation of ???? 617.[15 U.S.C. ???? 1681o], negligent noncompliance.

You will have your right trampled by this idiot if yoou do not respond completely.


Removed by Shazzers
Reason: No solicitating permitted, against TOS rules.
Why do you continue to break the TOS rules? I believe I have been tolerant enough up until this point, from now on, I will delete any posts you make that is considered solicitating. Shazzers

fdcpa= $1000 per suit plus attorney fees & court costs.It can be a lot higher with documented damages and medical reasons.

Fcra= $1000 per violation per bureau.Unlike Fdcpa it is not a automatic liability suit,so strict documentation of violations along with attempts to fix before court are necessary.Damages must be proven in certain sections of the Fcra.

Hi,

I see that this thread is kind of old so I don't know if the person who asked the original question is still checking this. Please let me know if you were able to recover anything. I hope you did. I don't have a problem with harassment like you've had, however, I do believe that I've had some violaitons of the FDCPA against me. I've had 2 agencies leave messages on my machine which can be heard by other people, which is a violation. On some messages, they say that they're collecting a debt, whcih they can't disclose to anyone but me. Other messages don't mention the purpose of the call, also illegal.

I've already gotten this account up to date with the original creditor, however, today I was served with a summons from the third party agency. Not sure what to do but I'm working on finding out.

I hope you got a lot of money from the dirtbags who were making your life miserable. They're lowlives. I hope you're doing well now. I'd suggest a financial program that I love and really is helping me but it looks like that might be against the rules. It's given by a really good guy who is from Tennessee. Common sense, straight talk, entertaining, inspirational. Good luck to you!!

Quote:

if a payday lender calls you or gets in touch with you after you have sent them letters saying you have revoked your rights plus you have sent them c & d letters could they be in violation of FDCPA rules.

A payday lender is the OC....the FDCPA doesnt apply to them . Some states have there own laws but as a general rule, an OC can ignore a cease and desist.