FDCPA Judgments against a Collection AgencyConsumers can file FDCPA claims against a debt collector and be awarded for damages caused by improper practices. In addition, a consumer can also file a private lawsuit at the federal or state level. As a consumer, you don’t have to prove “actual damages” to be awarded money.
The most that you can win in a FDCPA case is $1,000. Keep in mind that you will be given 1 year to file a
FDCPA claim in court. The collection agency may be held liable for $500,000 or 1% of what your original debt was -- whichever amount is smaller of the two. A debt collector may also be liable for actual damages resulting from the decision of the court.
Actual DamagesActual damages are psychological or physiological damages caused by harassment or abuse from a debt collector. Here are the categories of actual damages to remember:
- Damages from deliberate imposed emotional distress to force payment from the consumer or their immediate family members.
- Monetary damage such as charges for long distance calls from calling a debt collector in order for them to call a consumer back.
- Attorney’s fees from a prior lawsuit from FDCPA violations
- Incurred payments from a time-barred debt
- Threatening to seize a consumer’s personal property in an illegal manner
- Threatening to file criminal charges against a consumer
Stress-related - Common stress-related injuries include the following:
- Diabetic flare-ups
- Embarrassment and/or humiliation
- Headaches/migraines
- Hysteria
- Unable to concentrate at work
- Pain, and suffering
- Nightmares, Insomnia, night sweats and much more
Questions? Think you might have a claim? Request a
Free Claim Review.
