Damages Under the FDCPA

[sisflomi]

Damages Under the FDCPA
The FDCPA provides for a private right of action against violators. This means that you can get a lawyer and sue for damages. A partial list of damages that are awardable are:

Statutory damages up to $1,000 for each case. This means that the violator can be charged even though there are no other damages (see below).
Attorney's fees. You can make the violator pay for your lawyer. This is big advantage; lawyers are expensive!
Actual damages including:
Stress related injuries:
Heart attack, angina, chest constrictions;
Miscarriage;
Ulcers, diabetic flare-up;
Shock;
Loss of appetite;
Crying;
Nightmares; insomnia, night sweats;
Emotional paralysis;
Inability to think or function at work;
Headaches;
Shortness of breath;
Anxiety, nervousness; fear and worry;
Hypertension (elevation of blood pressure);
Stress to children;
Irritability;
Hysteria;
Embarrassment, humiliation;
Indignation and pain and suffering. And this is just a partial list!
Monetary damages:
Payment of a debt barred by the statute of limitations;
Taking one's property unlawfully or intimidating a debtor to return property by violating the FDCPA, e.g. "If you do not return your DVD player to the store, we will bring criminal charges!"
Long distance telephone charges for phone calls to a collector who states that you must call him back.
Attorney's fees to defend a prior suit brought in violation of the FDCPA;
Damages for intentional infliction of emotional distress generally (see above).
Your attorney may use medical (psychiatric/psychological) testimony, but does not need to. Damages for emotional distress can be claimed even without medical support. This does not mean they will always be believed, of course. It is up to the judge or jury to decide if the plaintiff is telling the truth. Anyway, the plaintiff in the FDCPA lawsuit starts with a tremendous advantage, proof-wise.

http://www.pennlawyer.com/fdcpa.htm

[michigangirl530]

sis can u hav admin make that a sticky

[michigangirl530]

thanks sis and admin

[willingtocope]

http://www.consumerlaw.org/publications/manuals/content/samples/Checklist3.pdf

[MissRedmond]

I was told today by CitiBank that because I was associated with a debt elimination company at one time, though I'm not anymore, they can no longer work with me on settling my debts with them. It will now go to their legal dept. & I will be sued for a judgement.

My question is, if you are scammed by a company that you've paid to eliminate your debts, does the credit card company have to re-age your debt prior to scamming status. The Florida state AG has filed a lawsuit against this said company, who scammed me, stating that their business is a scam.

Does anyone know? Do I have any rights as a consumer in regards to this? Or am I basically S.O.L. because CitiBank has their own internal policy not to deal with me anymore now that they know I used to be with said company?

Hope someone can help!

MissRedmond

[willingtocope]

You might want to call the FL AG and see what they have to say about all this. You haven't given up any rights...and in most states (I'm not certain about FL) you have to bring the account current in order to reset the SOL. Again, check with the AG.

And, as for Citi's threats, they could just be trying to scare you. We'd need more info...how old is the debt? how much? did the debt repair company actually pay them anything?...do offer an opinion.

[MissRedmond]

You might want to call the FL AG and see what they have to say about all this. You haven't given up any rights...and in most states (I'm not certain about FL) you have to bring the account current in order to reset the SOL. Again, check with the AG.

And, as for Citi's threats, they could just be trying to scare you. We'd need more info...how old is the debt? how much? did the debt repair company actually pay them anything?...do offer an opinion.

I actually live in Washington state, but did complain to the FL. AG about the debt elimination company & will be included in any rewards they might get after the lawsuit. I will call them tomorrow for sure & find out!

I made my last payment to Citi in September of '04, so it's not that old. When I started the New Leaf program, I owed Citi about $24k, but now it's over $30k because of late fees, overlimit fees & high interest charges. I was instructed in writing by New Leaf to stop making payments, so I did. NL NEVER paid them a dime & did absolutely nothing with my Citi account. The only thing I was told to do, other than stop paying them, was to fax in a POA allowing NL to inquire on our account. Because of that POA, which I faxed back in February of this year, Citi will no longer deal with me. At least that's what I'm being told by reps. in their Internal Recovery Unit. I swear, they sound like the CIA or something.

[willingtocope]

Yep, that's one of the debt elimination scams alright.

I'd suggest you look into how to go about revoking the power of attorney. It might be just as simple as sending Citi a CMRRR letter saying all previos POA are null and void and I'll be dealing with my own affairs...you might call your local bar association and ask.

[MissRedmond]

Yep, that's one of the debt elimination scams alright.

I'd suggest you look into how to go about revoking the power of attorney. It might be just as simple as sending Citi a CMRRR letter saying all previos POA are null and void and I'll be dealing with my own affairs...you might call your local bar association and ask.

So do you think that's what they are referring to? I did send in a letter stating that they could contact me personally by phone again back in April. It's my understanding now that by the mere fact I was involved with a debt program like New Leaf, they will not negotiate with me anymore, nor New Leaf. Now it's a matter of legalities & judgements. They basically are trying to hurt me for getting involved in a debt elimination program. That was my take on it, maybe I'll call again tomorrow & get more specifics on what they mean. I will also try & contact a consumer attorney in my area to see if they can help at all. I just can't afford an attorney, that's my problem here! But, I may just have to get one anyway, it's sounding more & more like I will.

Thank you for your feedback by the way!

Miss Redmond

[willingtocope]

It is difficult to really tell. There is no law that I'm aware of that says once you've engaged a DEC the OC can no longer talk with you. Granting someone a POA may. At anyrate, I'd suggest another CMRRR letter that specifically states "I revoke any and all POA's".

On the other hand, internal OC collections (even if they are really contractors from a CA) can be much more belligerent and threatening than a CA, since OCs are not bound by the FDCPA. So...they could just be trying to rattle you and make you do something you might not have to.

If it comes down to being sued...I don't know if a WA judge would accept the fact that you got scammed by a DEC as any kind of defense. Again, see if you can find a lawyer...

[Recovering Attorney]

Damages Under the FDCPA
The FDCPA provides for a private right of action against violators. This means that you can get a lawyer and sue for damages. A partial list of damages that are awardable are:

Statutory damages up to $1,000 for each case. This means that the violator can be charged even though there are no other damages (see below).
Attorney's fees. You can make the violator pay for your lawyer. This is big advantage; lawyers are expensive!
Actual damages including:
Stress related injuries:
Heart attack, angina, chest constrictions;
Miscarriage;
Ulcers, diabetic flare-up;
Shock;
Loss of appetite;
Crying;
Nightmares; insomnia, night sweats;
Emotional paralysis;
Inability to think or function at work;
Headaches;
Shortness of breath;
Anxiety, nervousness; fear and worry;
Hypertension (elevation of blood pressure);
Stress to children;
Irritability;
Hysteria;
Embarrassment, humiliation;
Indignation and pain and suffering. And this is just a partial list!
Monetary damages:
Payment of a debt barred by the statute of limitations;
Taking one's property unlawfully or intimidating a debtor to return property by violating the FDCPA, e.g. "If you do not return your DVD player to the store, we will bring criminal charges!"
Long distance telephone charges for phone calls to a collector who states that you must call him back.
Attorney's fees to defend a prior suit brought in violation of the FDCPA;
Damages for intentional infliction of emotional distress generally (see above).
Your attorney may use medical (psychiatric/psychological) testimony, but does not need to. Damages for emotional distress can be claimed even without medical support. This does not mean they will always be believed, of course. It is up to the judge or jury to decide if the plaintiff is telling the truth. Anyway, the plaintiff in the FDCPA lawsuit starts with a tremendous advantage, proof-wise.

http://www.pennlawyer.com/fdcpa.htm


I like PennLawyer, but he is off base, at least where I practice, in saying you do not need medical testimony to prove physical, mental or psychological damages associated with abusive collection. You need to be able to testify, document your symptoms, show they were treated, and to rule out any intervening or superceding cause, have the testimony of a medical expert to say that your injuries were causally related to the abuse. Without it, imo, you will get mothing but the statutory damages.

[usctrojanalum]

I read about a case that was litigated for 10 years and won by a consumer against cohen and slamowitz. The lawyers fees for the consumer totaled over $100,000.00 but the recovery for their client was only $1,000.00, (the statutory damages) There is a law that states that lawyers fees which are rewarded must be reasonably related to the recovery. The matter has been set down for inquest to see how much money in lawyers fees should be awarded to the plaintiff, but how could they rule it be greater then $1,000.00?