Legal Question in Credit and Debt Law in California
Can I file more than one suit in small claims for multiple violations of the same statute committed by the same collection agency?
Basically, this collection agency filed a false report to the 3 credit bureaus on different dates.. 9/1, 9/6 and 9/12. California Civil Code 1785.31(a)(2)(B) states the remedy as "Punitive damages of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each violation as the court deems proper."
So my question becomes: 1) Is what the collection agency did considered 3 violations since they reported me on three different occasions? 2) if so, does that give rise to three causes of action allowing me to bring 3 law suits (under a Primary Rights Theory or merely because its 3 independent instances where the statute was violated?)
Thank you!
1 Answer from Attorneys
Only one lawsuit, but you have multiple violations. You may wish to confer with an attorney as many attorneys are taking on these fair debt collection practices act cases.
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