• Subhan Tariq, Esq

ACTUAL DAMAGES

Updated: 1 hour ago




Amounts of money awarded to the consumer to make up for loss or harm brought on by a violation are known as actual damages, also known as compensatory damages. A consumer can receive actual damages for FCRA violations if they were committed "willfully and knowingly" and were the result of negligence. According to the FCRA, if there is a violation of the FCRA, whether intentional or unintentional, consumers can receive damages. Actual damages are sums of money awarded to the consumer to compensate for loss or injury caused by a violation. A consumer's damages are not limited; however, without proof that the consumer suffered harm as a result of the violation, damages are typically between $100 and $1,000. If it is discovered that the consumer's credit report was obtained under false pretenses or knowingly without a valid purpose, the consumer is entitled to the greater of the actual damages suffered or $1,000.

PUNITIVE DAMAGES

Punitive damages are awarded in addition to actual damages as punishment when the court determines that the violator's actions are particularly harmful. This type of damage is rarely awarded by the court, but if the violator's actions are particularly harmful, the court may award it in addition to actual damages. Since the FCRA does not specify a dollar amount that the court may award, the court may impose punitive damages on a violator as they deem appropriate to make up for the violator's harmful actions against a consumer in a fair manner.

ATTORNEY FEES

Lawyer's fees are payments made to a lawyer by a client in exchange for work on their case. The law may have a clause allowing the winning party to recover the losing party's legal costs. The court may also grant attorney's fees if an opposing party acts in bad faith or harasses the other party during the course of the case. This is in addition to the FCRA's provision that the prevailing party is entitled to attorney's fees for winning the case.

HOW TO HIRE AN ATTORNEY IN NEW YORK?

If you ever find yourself in a situation where you find an error on your credit report or feel that these agencies have violated your rights, contact us at info@tariqlaw.com so that we can defend you against them. We focus on consumer protection cases against these credit agencies, debt harassment, and debt collection lawsuits and specialize in defending clients from unethical debt collectors and the illicit collection practices they tend to use.



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