Thursday July 29 , 2010

Statutory Damages

Statutory damages are laid down in law. Mere violation of the law can entitle you to a statutory award, even if no actual injury occurred. You should think of this a "traffic ticket." The defendant (for example, a debt collector) gets caught violating the law. The debt collector must now pay you a sum of money without regard to whether you actually incurred any other damages. Consumer statutes often include statutory damages, including the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. ("FDCPA"), the he Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"), California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"), and many others.

Statutory damages are "cumulative."  That is, they are added to other damage awards you may receive.

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