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damages (COURTS, LAWYERS & LITIGATION)

Wed, 17 Sep 2003 10:45:00 GMT

What is the name of your state? Florida.
Lawyers, please help me understand what is involved in awarding statutory damages. Here are the specifics:
The Fair Credit Reporting Act sets forth statutory damages of up to $1,000 for willful noncompliance. Lets assume I prove to a judge that a credit reporting agency was willfully noncompliant, by failing to follow statutory requirements in verifying the accuracy of an item on my credit report.
If I ask for damages in my suit, do I have to actually prove that I was financially damaged as a result of the innacurate reporting, or can I simply ask the judge to award me "statutory damages" as he deems appropriate?
(It would be an onerous task to prove (a) that I was financially damaged, and (b) the actual amount of the damage). In my case, I'm not trying to win big $ here, just get an obstinate reporting agency to delete the items they can not verify.
Thanks!

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  • Wed, 17 Sep 2003 11:25:00 GMT(1)
  • Quote:

    Originally posted by jonrtaylor
    What is the name of your state? Florida.
    Lawyers, please help me understand what is involved in awarding statutory damages. Here are the specifics:
    The Fair Credit Reporting Act sets forth statutory damages of up to $1,000 for willful noncompliance. Lets assume I prove to a judge that a credit reporting agency was willfully noncompliant, by failing to follow statutory requirements in verifying the accuracy of an item on my credit report.
    If I ask for damages in my suit, do I have to actually prove that I was financially damaged as a result of the innacurate reporting, or can I simply ask the judge to award me "statutory damages" as he deems appropriate?
    (It would be an onerous task to prove (a) that I was financially damaged, and (b) the actual amount of the damage). In my case, I'm not trying to win big $ here, just get an obstinate reporting agency to delete the items they can not verify.
    Thanks!


    My response:
    The FDCPA, and many other statutes, both related and non-related, have "built-in" damages. The various State Legislatures, and in this case, Congress, realize that in some instances damages would be difficult, if not impossible, to prove. Therefore, these Legislative Bodies have "assumed" that damages have been suffered when a violation is proven. Anything above the statutory amount of damages, of course, must be proven.
    Remember, that a judge has "discretion" as to the amount of damages to be statutorily awarded; i.e., you may, in fact, prove a violation of the Act; however, the judge is required, at the very least, to award "statutory damages" - - and may award anywhere from $1.00 to $1,000.00, depending only upon the violation(s) and the severity thereof.
    Good luck.
    IAAL
  • Wed, 17 Sep 2003 11:40:00 GMT(2)
  • Thanks!
    Jon
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