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Class Action Suits
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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 such amount for each named plaintiff as could be recovered under subparagraph (A), which reads "(2)(A) 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) (2) (B) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.
Others: Up To Lesser of $500,000. or 1% of Net Worth of Collector
The debt collector is also liable for such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector. See Section 813 (a) (2) (B) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.
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.
In determining the amount of liability in any class action under 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, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector's noncompliance was intentional. See Section 813 (b) (2) 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.
