FCRA and FDCPA violations

I have checked Section 616 of the FCRA and have found the following details.



Thanks

SC...or jstncredit....the attorney already told the poster it is $1000 on that section.

IPour...the FDCPA is $1000 max...not per violation.

I understand that FDCPA is $1000 max. FCRA I beleive is per violation. The latest is that my attorney and I are settling for these violations ($3000 worth) for $4500. The agreed. My share (check) is $1000.

I was just curious about the ftc penalty of $3500 (up from $2500) per violation (FCRA?) for false reporting to the credit bureau. I suppose it does not apply in my situation. It is all a bit confusing to me.

I would most definitely say it does apply if you have repeatedly tried to get them to fix their errors and they have persisted in incorrectly reporting this on your credit. I would also include any actual damages--for example, have you been denied credit since that was paid off? If so, you could possibly make a case that their negligence has cost you in terms of real money, and that is where actual damages come in. Keep this in mind though--if your credit sucks, you would have a hard time showing that they were the reason behind you not being approved for credit. If you go this route, you will open up your credit reports as evidence, and if there is a lot of bad entries on them, the defense will use it against your claim for actual damages.

Me personally, I would not have settled for $1000, but hey, thats still a victory over a bad debt collector!

The penalty for the CRAs is a fine levied by the FTC. The $1000 for FDCPA violations is intended to encourage consumers to fight for their rights. You would also ask for court costs and attorney fees. You may possibly get more in damages if the DC was particularly harassing. I've seen cases where a jury gave the alleged debtor a half a million dollar damages, due to the fact that the alleged debtor was over 70 and it was not their debt but the CA wouldn't listen and wouldn't respond to DVs.

But, yeah, it's $1000 max. There is legislation to increase that amount, as that amount has been in place since 1977 when $1000 meant something, but it's still tied up in the Obfuscatory Chamber(!!).

Hi Soaplady
Actually, I have just put a screen shot of section 616, which I found while going through FCRA so as to confirm the fine for violation.

The attorney's are getting their share, for sure. I am just grateful to them for helping me finally (hopefully) getting my credit reports fixed. I will have to keep up on that to make sure it actually gets done.

On a civil suit for FDCPA violation what is the maimum the attorney can charge for attorney fees?

"Reasonable" fees. My attorney got $2500.00, but...he spent well over 10 hours of his time.

Plus it depends. They have to request it during the trial and it has to be granted. It is not automatic.

Quote:

FCRA is $1000 per violation, FDCPA is $1000 for all violations.