15 U.S.C. § 1692k : US Code - Section 1692K: Civil liability

Search 15 U.S.C. § 1692k : US Code - Section 1692K: Civil liability

(a) Amount of damages
Except as otherwise provided by this section, any debt collector
who fails to comply with any provision of this subchapter 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) Factors considered by court
In determining the amount of liability in any action under
subsection (a) of this section, the court shall consider, among
other relevant factors -
(1) in any individual action under subsection (a)(2)(A) of this
section, 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) of this
section, 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) Intent
A debt collector may not be held liable in any action brought
under this subchapter 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) Jurisdiction
An action to enforce any liability created by this subchapter 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) Advisory opinions of Commission
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.