Maximizing Actual and Punitive Damages under the FDCPA

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Recorded On: 12/01/2016

With the right storytelling and common law theories, you can maximize actual and punitive damages under the Fair Debt Collection Practices Act (FDCPA). Use of recent trial verdicts and arbitration awards can strengthen your case as well.

We’ll cover the authorities that help you establish the correct standard for determining actual damages (e.g. emotional distress) under the FDCPA, what evidence is needed to prove actual damages and punitive damages, as well as how to recover your attorney fees and costs. You’ll also learn how pleading certain affirmative defenses, like “bona fide error" can actually hurt the debt collector.

What Your Will Learn
•   How to discover the story of your case
•   What the jury, judge, or arbitrator wants to hear
•   How to get punitive and treble damages (under related statutes)

Ronald Wilcox

Attorney at Law

Wilcox Law Firm, P.C

Ronald Wilcox has been a consumer protection attorney since 1995, with an office in San Jose. Ron is a graduate of Gerry Spence’s Trial Lawyers College and has tried consumer protection cases in federal and state court, as well as JAMS and AAA. He is a member of the CAOC, CAALA, and NACBA. He has presented webinars and spoken at national conferences on consumer law and arbitration. He was awarded Santa Clara University’s Community Law Center’s Community Service Award. Ron is the author of “Conducting Individual Arbitrations” in NCLC's Consumer Arbitration Agreements.