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FDCPA Violations, $1000 Bucks

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  • 02-17-2009, 05:46 PM
    junker
    FDCPA Violations, $1000 Bucks
    My question involves collection proceedings in the State of: any state

    there are many posts here regarding fdcpa violations and fining a ca up to a 1000 bucks for the violation, has ANYONE EVER received ANYTHING from a ca for a fdcpa violation?? it is my understanding that it takes quite a bit of trouble to pursue this, i am sure no good lawyer would do this on consignment, so the debtor would have to put up money to even pursue this, and odds are great he wouldnt see a dime. so essentially the ca,s and jdbs KNOW you wont file or pursue action,and thats why they flagrantly violate the fdcpa. So, to tell someone thats a violation of fdcpa is really meaningless and uselesss info to the troubled debtor, Unless a lawyer would use a violation in conjuction with a debt negotiation, to get a debt lowered threatening legal acion, i dont see the ca,s or jdb,s even caring about the violations.they know no one will pursue,
  • 02-17-2009, 05:49 PM
    cyjeff
    Re: FDCPA Violations 1000 Bucks
    Why would you consider that the fine would go to you?
  • 02-17-2009, 05:56 PM
    junker
    Re: FDCPA Violations 1000 Bucks
    why shouldnt it?
  • 02-17-2009, 05:57 PM
    junker
    Re: FDCPA Violations 1000 Bucks
    cy, if you cant give an intelligent answer, dont answer at all.
  • 02-17-2009, 06:14 PM
    cyjeff
    Re: FDCPA Violations 1000 Bucks
    Quote:

    Quoting junker
    View Post
    cy, if you cant give an intelligent answer, dont answer at all.

    Mine WAS an intelligent answer.

    Fines levied against a business are not yours to claim UNLESS a specific statute says that will be the case.

    Since the government is really not into using THEIR lawyers to make YOU rich, I wanted you to post the statute that said otherwise.

    Fines go to the government... not you.
  • 02-17-2009, 06:18 PM
    cyjeff
    Re: FDCPA Violations 1000 Bucks
    Now, if you are asking about a CIVIL suit against a company that violates FDCPA, that is a different animal.
  • 02-18-2009, 05:57 AM
    divemedic
    Re: FDCPA Violations, $1000 Bucks
    He is talking about a collection agency being sued for STATUTORY DAMAGES, which the FDCPA allows for. To answer his question, I had my identity stolen a few years ago, and I did file lawsuits against several collection agencies who would not take a hint.

    During the whole event, over 20 collection agencies were after me, and I would up suing 4 of them, and I did it pro se. I settled all of the cases, and wound up with $12,000 in settlement cash. I used the FCRA, FDCPA, and Florida Collection law in my cases.

    The reason that collection agencies continue to violate the law is because of the numbers: Maybe 1 in 100 customers will dispute, most will just ignore the letters or even pay. Of the ones who dispute, few will press the issue, and even fewer actually sue, maybe 1 in 10,000. Even a settlement of $5,000 spread over 10,000 accounts is of little consequence.
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