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Fair Debt Collection Practices Act
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#813.
Civil liability [15 USC 1692k]
(a) Except as
otherwise provided by this section, any debt collector who fails to comply
with any provision of this title with respect to any person is liable to
such person in an amount equal to the sum of --
(1) any actual
damage sustained by such person as a result of such failure;
(2) (A) in the
case of any action by an individual, such additional damages as the court
may allow, but not exceeding $1,000; or
(B) in the case
of a class action, (i) such amount for each named plaintiff as could be
recovered under subparagraph (A), and (ii) 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; and
(3) 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.
(b) In determining
the amount of liability in any action under subsection (a), the court shall
consider, among other relevant factors --
(1) in any
individual action under subsection (a)(2)(A), the frequency and
persistence of noncompliance by the debt collector, the nature of such
noncompliance, and the extent to which such noncompliance was intentional;
or
(2) in any class
action under subsection (a)(2)(B), 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.
(c) A debt collector
may not be held liable in any action brought under this title if the debt
collector shows by a preponderance of evidence that the violation was not
intentional and resulted from a bona fide error notwithstanding the
maintenance of procedures reasonably adapted to avoid any such error.
(d) An action to
enforce any liability created by this title may be brought in any
appropriate United States district court without regard to the amount in
controversy, or in any other court of competent jurisdiction, within one
year from the date on which the violation occurs.
(e) No provision of
this section imposing any liability shall apply to any act done or omitted
in good faith in conformity with any advisory opinion of the Commission,
notwithstanding that after such act or omission has occurred, such opinion
is amended, rescinded, or determined by judicial or other authority to be
invalid for any reason.
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