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?
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.
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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 practice in your particular state. Under Federal Law, I am a debt relief agent.
Debt Collection Attorney
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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