Liability under FDCPA Dept Collection
Liability under the Fair Debt Collection Practices Act enacted in 1977, otherwise known as FDCPA. Statutory damages under the FDCPA, are capped at a maximum of $1,000. per case, not per violation. The capped amount of $1,000 set in 1077 doesn’t obviously hold the same value, as a $1,000 today, which has caused the consumer bars to push for a reevaluation of that figure. This statutory damages figure isn’t a set fee, it is decided upon a sliding scale of different variables.
Ernest H. “Skip” Kohlmyer, III, Esq., LL.M, is a litigation attorney and shareholder with Urban Thier Federer & Chinnery, P.A. based in the Orlando office. His practice focuses primarily on insurance defense litigation relating to the Fair Debt Collection Practices Act (“FDCPA”), Florida’s Consumer Collection Practices Act (“FCCPA”), Fair Credit Reporting Act (“FCRA”), and/or the Telephone Consumer Protection Act (“TCPA”).
Mr. Kohlmyer represents collection agencies, debt buyers, Florida public entities in areas in land use, civil rights, constitutional law, consumer protection litigation, corporate and business law, insurance defense, and international business transactions.
In this CLE class clip Mr. Kohlmyer discusses Liability under FDCPA Dept Collection.
Watch the Full Debt Collection Telephone Calls FDCPA & TCPA Compliance CLE Class
Ernest H. Kohlmyer, III, Esq., LL.M.
Urban, Thier, Federer & Chinnery, P.A.
200 South Orange Avenue, Suite 2000
Orlando, Florida 32801
The frequency of the violation, the nature of the non-compliance, and the extent to which the non-compliance was intentional. When you’re looking at statutory damages, the value could be between $1 dollar and $1,000 dollars depending upon the severity of the account.
Certainly, a letter failing to contain the mini-Miranda is going to be far less value than some form of harassment, where there’s name calling involved, other forms of abusive language, or further egregious methods.
For more important information on Liability under FDCPA Dept Collection, check out the full CLE class video by Ernest H. “Skip” Kohlmyer, III, Esq., LL.M.