Question about punitive damages in a FDCPA case

Asked over 2 years ago - Tarzana, CA

When a judge or arbitrator considers punitive damages against a collector, do they go by the actions in that particular case, or do they look at the collector's bad history with FTC, attorney general and such?

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  1. Eric Charles Lewis

    Contributor Level 17

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    Answered . Typically, it is case specific but if the action is part of a bigger trend, a court can and will look at the bigger picture.

    Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal... more
  2. John Addison Vos

    Contributor Level 15

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    Answered . All of the above. The Court looks at the behavior specifically to you, more generally as to the public, AND the overall assets and ability to pay of the Defendant. To win big, you have to show big.

    This is general legal information, not intended to apply to your specific case. And I may not be licensed to... more
  3. Richard Scott Lysle

    Contributor Level 17

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    Answered . Punitive damages are rarely awarded. You must show by "clear and convincing" evidence that the defendant engaged in despicable conduct, with malice, oppression or fraud. Typically, punitive damages are not awarded on FDCPA causes of action but may be awarded on related common law cause of action.

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