With the right storytelling and common law theories, you can maximize actual and punitive damages under the Fair Debt Collection Practices Act (FDCPA). Use of recent trial verdicts and arbitration awards can strengthen your case as well.
We’ll cover the authorities that help you establish the correct standard for determining actual damages (e.g. emotional distress) under the FDCPA, what evidence is needed to prove actual damages and punitive damages, as well as how to recover your attorney fees and costs. You’ll also learn how pleading certain affirmative defenses, like “bona fide error" can actually hurt the debt collector.
What Your Will Learn
- How to discover the story of your case
- What the jury, judge, or arbitrator wants to hear
- How to get punitive and treble damages (under related statutes)
Ron Wilcox sues banks, debt collectors, and credit reporting agencies for FDCPA, TCPA, FCRA and identity theft violations from his office in San Jose, CA. Ron holds degrees from New York University, Harvard University, and Indiana University and is a graduate of Gerry Spence’s Trial Lawyers College. Ron has tried cases in federal and state court, as well as in arbitration, obtaining treble and punitive damages for consumers on multiple occasions.