FDCPA Debt Collector Liability and Penalties

Question 1

What is the maximum statutory damages a consumer can recover from a debt collector in an individual FDCPA lawsuit?

Accepted Answer

$1,000

Answer

$500

Answer

$2,500

Answer

$5,000

Question 2

In a class action FDCPA lawsuit, what is the maximum statutory damages award?

Accepted Answer

$500,000 or 1% of the collector's net worth, whichever is less

Answer

$1,000 per class member with no cap

Answer

$5,000,000 regardless of net worth

Answer

$250,000 or 5% of the collector's net worth

Question 3

Under the FDCPA, who bears the burden of proof if a debt collector claims its violation was a 'bona fide error'?

Accepted Answer

The debt collector must prove the error was unintentional and that procedures were in place to avoid it

Answer

The consumer must prove the collector intended to violate the law

Answer

The court determines intent without either party bearing the burden

Answer

The original creditor bears the burden on behalf of the collector

Question 4

How long does a consumer have to file an FDCPA lawsuit against a debt collector?

Accepted Answer

One year from the date of the violation

Answer

Two years from the date of the violation

Answer

Six months from the date of the violation

Answer

Three years from the date of the violation

Question 5

If a consumer prevails in an FDCPA lawsuit, who pays attorney's fees?

Accepted Answer

The debt collector pays the consumer's reasonable attorney's fees

Answer

Each party pays their own attorney's fees

Answer

The consumer pays their own fees but recovers costs

Answer

The court awards fees from a federal fund

Question 6

A debt collector violates the FDCPA but the consumer suffers no actual damages. Can the consumer still recover?

Accepted Answer

Yes, statutory damages of up to $1,000 are available without proving actual harm

Answer

No, proof of actual damages is required for any recovery

Answer

Yes, but only if the violation was intentional

Answer

No, unless the consumer can prove emotional distress