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  1. #1
    Join Date
    Apr 2007
    Posts
    1

    Default Statutory Damages From One Violation or 40 Under FDCPA

    North Carolina

    SST/TRS(re:former Providian card) called me 40+ times after they were notified that I am represented by an attorney. They absolutely refuse to talk with the attorney. I understand this is in violation of the FDCPA but, is it considered one violation or 40+ violations? Are they subject to one $1,000 fine or a $40,000 fine? Are there court cases that have set precedents concerning this or opinions offered by the FTC. I don't know where to start researching this.

    pdh

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: One violation or 40 under FDCPA?

    The manner in which I have seen the FDCPA interpreted is that the $1,000 statutory damages is available per proceeding, not per violation (statutory damages "in the case of any action by an individual" shall not "exceed[] $1,000." 15 U.S.C. § 1692k(a)(2)(A)). One lawsuit, one potential statutory damages award.

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