Topic: Lawsuit filed a week ago

[KFMAN]

THey called both...they would pick a 15 minute block, and call the cell 2-3 times, and the home phone once. Then an hour or two later, they would do it again.

The home number was NOT listed on the OC at all.

Did you revoke their consent?  I would ask for $1,500 X every call on the Cell phone.  Make them pay!

[kevinmanheim]

THey called both...they would pick a 15 minute block, and call the cell 2-3 times, and the home phone once. Then an hour or two later, they would do it again.

It's too bad more people don't document this harassment, and that there aren't more attorneys willing to sue for it.

I remember receiving those repetitive calls from an OC. They have their intended effect - to drive you crazy.

[silverzgirl]

KF: This occurred AFTER I revoked consent.

KM: This was documented; I immortalized the calls in a written complaint and in pure photographic color. I mentioned this to my attorney when he gave me their first offer and said the willful noncompliance alone comes to 50 percent what we are asking for and that is not including damages.

I think the biggest issue is most lawyers are skilled with the easy payday of FDCPA and most collectors are not affected by a 1K max penalty. The two I have left are HUGE entities, and one had revenue of over 50M last year alone.

[KFMAN]

KF: This occurred AFTER I revoked consent.

KM: This was documented; I immortalized the calls in a written complaint and in pure photographic color. I mentioned this to my attorney when he gave me their first offer and said the willful noncompliance alone comes to 50 percent what we are asking for and that is not including damages.

I think the biggest issue is most lawyers are skilled with the easy payday of FDCPA and most collectors are not affected by a 1K max penalty. The two I have left are HUGE entities, and one had revenue of over 50M last year alone.

So a few $100,000 to them is a drop in the bucket!

[silverzgirl]

Exactly; my lawyer was being kind in only going after 120K, and figured they would settle around 10 percent otr do. They picked around 2 percent. That won't do.

[KFMAN]

Exactly; my lawyer was being kind in only going after 120K, and figured they would settle around 10 percent otr do. They picked around 2 percent. That won't do.

Forget 10% if you have TCPA claims.  FDCPA Actual Damages can be tough to prove but TCPA is straight forward.  I wouldn't settle for less than $60,000.

[kevinmanheim]

Forget 10% if you have TCPA claims.  FDCPA Actual Damages can be tough to prove but TCPA is straight forward.  I wouldn't settle for less than $60,000.

That's a little unrealistic.

They will burn $50k in atty fees to deny you that $60k.

Been there.

$12k to settle a TCPA case isn't bad, in my opinion.

[KFMAN]

I guess I am confused.  If the law states a certain thing then why can't it be enforced?

[KFMAN]

BUMP

[Mischievous Smurfy]

I guess I am confused.  If the law states a certain thing then why can't it be enforced?

you didn't quote whatever it was that you were responding to so no one has a clue what you are talking about

[KFMAN]

Post #22 was in response to post # 21.

[kevinmanheim]

Post #22 was in response to post # 21.

Them violating the law, and you collecting damages from their violations are two separate matters. They can easily violate the law, you cannot easily collect from them for their violations.

If you have rock solid proof of $60,000 in TCPA violations, you still need to get a judge to award it, and then collect the judgment. In your way will be one or more attorneys who know how to trip you up. The process is time consuming, expensive and uncertain. That is why a $12,000 settlement isn't bad for a $60,000 claim.

[VRSL]

If you have rock solid proof of $60,000 in TCPA violations, you still need to get a judge to award it, and then collect the judgment. In your way will be one or more attorneys who know how to trip you up. The process is time consuming, expensive and uncertain. That is why a $12,000 settlement isn't bad for a $60,000 claim.

Yet, whether or not a debt collector has rock solid proof, a judge will award him the full amount.  Too bad judges don't seem to treat cases equally.

[KFMAN]

Good Point!

[TestFlight]

Yet, whether or not a debt collector has rock solid proof, a judge will award him the full amount.  Too bad judges don't seem to treat cases equally.

Excellent point!