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Is the following true or false?
Under the FDCPA, you can only be awarded up to $1000.00 in damages.



Asked by Jbercande, Last updated: Apr 04, 2024

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2 Answers

John Adney

John Adney

John Adney
John Adney

Answered Nov 24, 2017

Under the FDCPA, you can only be awarded up to $1000.00 in damages. False .......

Monetary Remedies

These types of money damages may be available:

Damages for Physical Distress

Some debtors suffer actual physical damage from the barrage of debt collection calls and letters, including stress-related heart problems, migraine headaches, skin rashes, and so forth. Any health concerns should be first addressed with a qualified doctor, and then the debtor should contact a FDCPA attorney to document all such health concerns. If the health problems can be linked to the FDCPA violations, the debtor may be able to recover the costs of treatment and other damages against the debt collector.

Damages for Emotional Distress

Relentless telephone calls and collection letters cause real stress and can affect the debtor’s emotional well-being. The debtor’s marriage and other relationships may suffer. Also, the calls to debtor’s coworkers and family members can be an incredible invasion of privacy. All of these occurrences should be documented and discussed with an FDCPA attorney. The offending debt collector may be held liable for this distress and the debtor may be able to recover against the debt collector.

Lost Wages Recovered

Debtors may face problems at work because debt collectors call and disrupt the debtor’s productivity, as well as the productivity of debtor’s co-workers. When debtor collectors violate the FDCPA through calls to the debtor’s employer, the debtor may be able to recover lost wages.

Wage Garnishment Recovery

If a paycheck has been garnished by a debt collector that has violated the FDCPA, it may be possible for the debtor to recover these funds

Statutory Damages of $1,000

Above and beyond what the consumer may collect for losses related to lost wages, psychological distress, and the like, the FDCPA allows the consumer to recover damages up to $1,000 from the creditor. Since the FDCPA says that the consumer can recover “up to $1,000,” the amount awarded could be less. The court can award these damages if the consumer proves the collector violated the FDCPA, but the consumer does not have to prove that the violation caused any harm. This $1,000 is per lawsuit, not per violation, so if the creditor violates the FDCPA once or multiple times, the consumer still only collects up to $1,000.

Third Parties May Also Sue

Family members of the debtor, the receptionist at debtor’s work, debtor’s neighbors, and other persons who have been burdened by the debt collector’s phone calls and letters may also sue the debt collector under the FDCPA. As with any FDCPA claim, these persons will need to prove that the FDCPA was violated and that they suffered damages from that violation.

If the actions of the debt collector violate the FDCPA, and the debtor has suffered damages as a result of these actions, suing the debt collector under the FDCPA may give the debtor some real relief. Not only could it stop the harassing phone calls, a FDCPA claim may also allow the debtor to recover for physical, emotional, and monetary damages suffered.

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jbercande

jbercande

jbercande
Jbercande

Answered Sep 26, 2017

False
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