Review what damages a plaintiff is entitled to.
Under the FDCPA, statutory damages are capped at a maximum of $1,000.00 per case, not per violation. In determining the extent of the violation, the court should consider the frequency of the violation, the nature of the noncompliance, and the extent to which the noncompliance was intentional. In addition to statutory damages, a plaintiff may be entitled to actual or compensatory damages. Several courts have interpreted actual damages to include damages for humiliation, embarrassment, mental anguish or emotional distress. Since the plaintiff bears the burden of proof to demonstrate actual damages, the plaintiff must demonstrate a reasonable connection between the debt collector’s behavior and the emotional distress. This video reviews liability under the FDCPA, standard of review, and bona fide error defense.
Ernest H. (Skip) Kohlmyer, III, Esq., LL.M.
Shepard, Smith, Kohlmyer & Hand, P.A.
- Shareholder with the law firm of Shepard, Smith, Kohlmyer & Hand, P.A. in Orlando, Florida, where he has served as corporate counsel for an Atlanta-based collection agency
- Has been in private practice for 30 years and has been defending various businesses against TCPA Class litigation since 2008
- Represented corporations, collection agencies, debt buyers, and credit reporting agencies in other compliance-related matters relating to TCPA issues
- Has had the privilege to serve as either lead counsel or co-counsel in numerous TCPA matters, in addition to also being the lead counsel in key district court opinions
- Served in various leadership positions with ACA International and is the past president of the Florida Collectors Association
- Certified as an arbitrator in international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation
- LL.M. degree in transnational business operations with high honors, Lazarski University in Warsaw Poland; LL.M. degree in global antitrust and economics, George Mason University, Antonin Scalia School of Law
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