[Enigma]

Originally Posted by neil5623

Not challenging your post, but are you sure? Thought that other knowledgeable members here have posted in the past that under FDCPA, it is just one Cause of Action, regardless how many sections or times they violate.

Under FCRA, Is it not each SECTION is a separate CoA, regardless of how many times they violate that section? I was exchanging IMs a while back with a knowledgeable member (who will remain anon. for now), and came to the conclusion this is how it works.

Challenge away. I am not always correct.

I cited OH and OK. But each separate paragraph of the statute is a separate COA.

Read section 813, the $1000 limitation is limited to each violation (COA). Multiple violations = multiple COA complaint. If a CA/JDB violates six different sections of the FDCPA, the max a judge can grant is $1000 x 6 violations= $6000.

I've attached PDF's on how a multiple-count complaint is written.

[neil5623]

The way it had been explained by others here previously is that FDCPA fine was $1K per suit, not CoA. The FCRA fines are $1K per section, regardless how many times that section had been violated.

[neil5623]

Originally Posted by neil5623

The way it had been explained by others here previously is that FDCPA fine was $1K per suit, not CoA. The FCRA fines are $1K per section, regardless how many times that section had been violated.

Adding to the confusion, I contacted a Consumer Law Professor at a law school, asking basically the question above. His response:

"You basically are entitled to only one set of statutory damages of up to $1,000 for each statute."

I asked for clarification:

"Thank you. So I will fully understand, are you counting each of these as three separate statutes, or all together as one statute:



FDCPA Sect. 807(1)

FDCPA Sect. 807(2)

FDCPA Sect. 807(3)



Thank you for your time."

His response to this was:

"It is one statute"

So now I wonder, WTF???

[Enigma]

Originally Posted by neil5623

Adding to the confusion, I contacted a Consumer Law Professor at a law school, asking basically the question above. His response:

"You basically are entitled to only one set of statutory damages of up to $1,000 for each statute."

I asked for clarification:

"Thank you. So I will fully understand, are you counting each of these as three separate statutes, or all together as one statute:



FDCPA Sect. 807(1)

FDCPA Sect. 807(2)

FDCPA Sect. 807(3)



Thank you for your time."

His response to this was:

"It is one statute"

So now I wonder, WTF???

I respectfully disagree with the professor.

I write my complaints as:

Count 1: xxx xxx xx xx 807(1) pray for $1000 and such other relief that the court feels is just and proper.

Count 2: xxxx xxx xxxxx xxx 807(2) pray for $1000 and such other relief that the court feels is just and proper.

Rinse and repeat.

This way if one section is tossed they all are not and you stand a better chance on prevailing.

[neil5623]

Originally Posted by Enigma

I respectfully disagree with the professor.

I write my complaints as:

Count 1: xxx xxx xx xx 807(1) pray for $1000 and such other relief that the court feels is just and proper.

Count 2: xxxx xxx xxxxx xxx 807(2) pray for $1000 and such other relief that the court feels is just and proper.

Rinse and repeat.

This way if one section is tossed they all are not and you stand a better chance on prevailing.

Actually that's the way I see it too. Then there's my opinion that another anon. member shot down that every time a violation is repeated it becomes another CoA. I suppose the best thing to do is name each one as a separate CoA and let the judge sort it out.

Sometimes theory and reality are two different things, even here.

[Enigma]

Originally Posted by neil5623

Actually that's the way I see it too. Then there's my opinion that another anon. member shot down that every time a violation is repeated it becomes another CoA. I suppose the best thing to do is name each one as a separate CoA and let the judge sort it out.

Sometimes theory and reality are two different things, even here.

There is a case in the Case Forum that says when it comes to a violation on your CR, each month it remains is a separate lawsuit with its on SOL.

[Ohio Boy]

Ok, could someone please point the direction I need to learn how to write a lawsuit please?
Midland is well known for violations of all kinds, I just need to do the work on the lawsuit once I understand the violations they have committed.
I am not looking for any money, only want them to go away and stop poisoning my report.
The OP stopped reporting once I proved to them they sold me damaged goods, and Midland acts like they gave me credit inwhich they did not.
One of there own letter state right off they purchased this account, therefore they cannot report as an open installment loan to them.

[neil5623]

I did two things. I used the same format that Plaintiff used on me, but reversed and modified so soit my situation. After that, I looked at other people's filings and used formats and styles that they used. seemed to work. I have a complaint posted here somewhere against LVNV that you may want to look at.

[Pale Rider]

Originally Posted by Enigma

Read section 813, the $1000 limitation is limited to each violation (COA). Multiple violations = multiple COA complaint. If a CA/JDB violates six different sections of the FDCPA, the max a judge can grant is $1000 x 6 violations= $6000.

99.9% of the judges will rule that FDCPA allows for max of $1000 statutory damages no matter how many violations or COA's. The few that did allow multiple awards were well under $1000 per anyway.

[Ohio Boy]

Originally Posted by neil5623

I did two things. I used the same format that Plaintiff used on me, but reversed and modified so soit my situation. After that, I looked at other people's filings and used formats and styles that they used. seemed to work. I have a complaint posted here somewhere against LVNV that you may want to look at.

Thank you!

[Ohio Boy]

Originally Posted by neil5623

I did two things. I used the same format that Plaintiff used on me, but reversed and modified so soit my situation. After that, I looked at other people's filings and used formats and styles that they used. seemed to work. I have a complaint posted here somewhere against LVNV that you may want to look at.

Wow, I just read it. Great job!

So how did you come out on this complaint?

[neil5623]

Originally Posted by Ohio Boy

Wow, I just read it. Great job!

So how did you come out on this complaint?

I can't go into detail, but I got a few $, and the trade lines deleted. They were past the 7-year reporting period based on the ORIGINAL delinquency with the OC. They had it for 3 years 10 months when they filed on me originally, which was dismissed once all this was pointed out. Sorry to "hijack" your thread earlier.