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LAWDOG Fair Debt Collection Practices Act

Civil Liability To Individual Consumers


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Actual Damages and Additional Damages Up To $1,000.

Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of any actual damage sustained by such person as a result of such failure; and in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000. See Section 813 (a) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.

Costs of the Action and Attorney Fees

In the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs. See Section 813 (a) (3) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.

Factors Considered By Court

In determining the amount of liability in any action under subsection (a) of this section, the court shall consider, among other relevant factors, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional. See Section 813 (b) (1) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only. Also see a portion of the FTC Official Staff Commentary on the Fair Debt Collection Practices Act reproduced here for illustration purposes only.


A copy of the Fair Debt Collection Practices Act is reproduced for illustration purposes only here. A copy the FTC Official Staff Commentary on the Fair Debt Collection Practices Act is reproduced for illustration purposes only here. Read Sources and Disclaimer. Links do not return to this page. Use browser "back" button to return.



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