Lee asked 1 day ago
I am seeking clarification about fdcpa violations and the claim of $1000 per violation. This may be too specific of a question and difficult to answer in this format, so I understand if an answer cannot be provided.
I am trying to understand how we can make a "per violation" claim when we have documented proof of multiple violations against a debt collector (calls and texts after cease and desist demand, sending copies of statements in response to specific/detailed verification demands, etc). In Wright v. Finance Service of Norwalk, 22 F.3d 647 (6th Cir.), the Sixth Circuit held that although “frequency and persistence of noncompliance” is relevant under § 1692k(b)(1), the statute’s plain language limits additional (statutory) damages to $1,000 per action (i.e. per lawsuit) under § 1692k(a)(2)(A). In other words, even though multiple violations may be aggregated in a case, they do not give rise to multiplicative statutory-damage awards beyond $1,000 (save for actual damages, attorney’s fees, etc.). Under FDCPA § 1692k(a)(2)(A), a successful plaintiff may recover “such additional damages as the court may allow, but not exceeding $1,000.”
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It is generally a recovery of up to $1,000 for the prevailing Plaintiff. This is a statutory maximum. If you have actual damages-proof of loss of job, payments made to someone or an attorney, emotional or reputational damages etc, they you are entitled to more. The Supreme Court with the new Trump judges (no politics but that is what happened when they came in) has sort of turned this on its head and pretty much made it so you must show damages incurred to have standing to sue in Federal Court and statutory violations are tough to prove now-going against what Congress created. But, depending on your state, you can add a State Collection Act violation to increase the damages. Florida has an Act (I am using in a class action) that is better than the FDCPA. But that is a general assessment.