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Anyone Have Experience with Suing a CA for FDCPA Violations and Punitive Damages?

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Anonymous
Not applicable

Anyone Have Experience with Suing a CA for FDCPA Violations and Punitive Damages?

Regarding the possibilty of suing a debt collector - I know the FDCPA allows up to $1000 for statutory damages from a violation, but what about punitive damages? I can't seem to find a straight answer regarding punitive damages. Oone source says they are included under the FDCPA, another says they're not. One source says they fall under state law, separate from the FDCPA, another says state law only applies to the dollar amount cap for small claims. Then there's the consideration of filing through a US District Court... 

 

Primarily I'm interested in how one would put a price tag on something that isn't black and white. Lost wages is easy to prove; emotional distress isn't. I've been searching for case law on this but I'm getting absolutely nowhere.

Message 1 of 6
5 REPLIES 5
RobertEG
Legendary Contributor

Re: Anyone Have Experience with Suing a CA for FDCPA Violations and Punitive Damages?

You are getting nowhere because there is no precedential case law directly on point.  Most FDCPA suits award actual damages and the capped, additional stautory damages.

The statutory damages are generally viewed as an alternative to punitive damages, but that is not explicit in the statute.

Actual damages may include emotional distress and aggravation and annoyance. 

 

The FDCPA, unlike the FCRA, does not specifically authorize punitive damages, but also does not specifically prevent such a claim.

The issue is usually relegated to state law in that some states do have statutory provisions for punitive damages.

Thus, you will normally, if authorized by state law, take that path and avoid the unchartered attempts under the FDCPA.

 

You should consult an attorney if you have an egregious case for which you wish to ask the court for punitive damages in additon to actual and statutory damages.

 

Message 2 of 6
Anonymous
Not applicable

Re: Anyone Have Experience with Suing a CA for FDCPA Violations and Punitive Damages?


@RobertEG wrote:

You are getting nowhere because there is no precedential case law directly on point.  Most FDCPA suits award actual damages and the capped, additional stautory damages.

The statutory damages are generally viewed as an alternative to punitive damages, but that is not explicit in the statute.

Actual damages may include emotional distress and aggravation and annoyance. 

 

The FDCPA, unlike the FCRA, does not specifically authorize punitive damages, but also does not specifically prevent such a claim.

The issue is usually relegated to state law in that some states do have statutory provisions for punitive damages.

Thus, you will normally, if authorized by state law, take that path and avoid the unchartered attempts under the FDCPA.

 

You should consult an attorney if you have an egregious case for which you wish to ask the court for punitive damages in additon to actual and statutory damages.

 


Long story short, consulting and/or hiring an attorney is a non-issue for me. Without getting into details (to protect my identity), based off previous case law (at the state level), I won a case which I had appealed to the higher courts, originating from a small claims suit by a debt collector. The final decision unexpectedly set precedent on certain aspects regarding small claims suits by debt collectors. Nothing related specifically to damages per se, but spelled out a few things that debt collectors are not permitted to do. Portions of this decision could easily be applied here, as far as the current debt collector I'm dealing with.

 

So basically, I have the list of "violations" (for lack of a better word) the current debt collector racked up, but have no point of reference as to putting a price tag on these "violations." How do you guage the cost of, for example, damaging a person's credit for an extended period of time, wasting a person's time by having multiple court hearings for unjustified debts, causing stress, and so on? What's the price for causing a person's credit score to go down by 61+ points, where it remained for over two years? 

 

If I understand your post correctly, perhaps the better option would be to pursue with a civil case built solely off violations set at the state level and excluding the FDCPA all together... ? Would it even be worth it if the max still remains at $5000? (which, of course, doesn't mean that would be what a person would get). It's cut and dry that this debt collector violated, as backed by case law in the state, but translating that into a monetary value is where I'm stuck.

Message 3 of 6
RobertEG
Legendary Contributor

Re: Anyone Have Experience with Suing a CA for FDCPA Violations and Punitive Damages?

You lack clear precedent in appellate case law for an assertion of punitive damages under the FDCPA.

However, precendent only happens by pursuing and appealing.

Good luck!

Message 4 of 6
Anonymous
Not applicable

Re: Anyone Have Experience with Suing a CA for FDCPA Violations and Punitive Damages?


@RobertEG wrote:

You lack clear precedent in appellate case law for an assertion of punitive damages under the FDCPA.

However, precendent only happens by pursuing and appealing.

Good luck!


Ugh. I'm not a fan of being the trail-blazer. Smiley Frustrated

Message 5 of 6
Anonymous
Not applicable

Re: Anyone Have Experience with Suing a CA for FDCPA Violations and Punitive Damages?


@Anonymous wrote:

@RobertEG wrote:

You lack clear precedent in appellate case law for an assertion of punitive damages under the FDCPA.

However, precendent only happens by pursuing and appealing.

Good luck!


Ugh. I'm not a fan of being the trail-blazer. Smiley Frustrated


Well, SOMEONES gotta do it!

Message 6 of 6
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