How much can I sue a debt collector for?
It depends on which law was broken. The FDCPA allows actual damages plus statutory damages of up to $1,000 per lawsuit. The FCRA allows $100 to $1,000 for a willful violation, plus actual and punitive damages. The TCPA sets $500 per unlawful robocall or autodialed text, up to $1,500 if willful or knowing. State laws add their own amounts, and several of these laws make the company pay your attorney's fees.
It is a fair question and it deserves a straight answer: the numbers written into the law. This post gives those numbers and nothing else. No one can honestly tell you what a case is worth before looking at the facts, and we do not try.
The figures, law by law
| Law | Statutory damages | Also available | Fees |
|---|---|---|---|
| FDCPA | Up to $1,000 per individual action | Actual damages; class cap: lesser of $500,000 or 1% of net worth | Required if the collector is found liable |
| FCRA willful | $100 to $1,000 per consumer | Actual damages if greater; punitive damages | Required in a successful action |
| FCRA negligent | None | Actual damages | Required in a successful action |
| TCPA | $500 per violation, up to $1,500 if willful or knowing | Actual loss if greater; injunction | No fee-shifting clause |
| FCCPA (Florida) | Up to $1,000 | Actual damages; punitive damages in the court's discretion | Required for the plaintiff |
| GBL 349 (New York) | Actual damages or $50, whichever is greater; up to three times actual damages, capped at $1,000, if willful or knowing | Injunction | The court may award fees |
15 U.S.C. §§ 1692k(a), 1681n(a), 1681o(a); 47 U.S.C. § 227(b)(3); Fla. Stat. § 559.77(2); N.Y. Gen. Bus. Law § 349(h).
How the pieces fit
Statutory damages are set by the law, within a range, so you do not have to prove a dollar loss to recover them. Under the FDCPA the court decides the amount up to $1,000, looking at "the frequency and persistence of noncompliance," its nature, and how intentional it was (15 U.S.C. § 1692k(b)(1)).
Actual damages are what the violation cost you. They must be proven, and they are not limited by the statutory cap. Under the FCRA, the Second Circuit has said actual damages may include humiliation and mental distress even without an out-of-pocket loss (Casella v. Equifax Credit Info. Servs., 56 F.3d 469 (2d Cir. 1995)). Records help: a denial letter, a higher interest rate, a bank fee, a doctor's note.
Punitive damages are available for willful FCRA violations (§ 1681n(a)(2)) and in the court's discretion under Florida's FCCPA.
Per-call counting applies under the TCPA, where each unlawful robocall or autodialed text is its own violation (47 U.S.C. § 227(b)(3)). A text message counts as a call for this purpose (Campbell-Ewald Co. v. Gomez, 577 U.S. 153 (2016)). The FDCPA's $1,000, by contrast, is per action, not per call.
Who pays the lawyer
The FDCPA requires a collector found liable to pay the consumer's reasonable attorney's fees and costs (15 U.S.C. § 1692k(a)(3)). So does the FCRA, for a successful action against a company that broke it (§§ 1681n(a)(3), 1681o(a)(2)), and so does Florida's FCCPA (Fla. Stat. § 559.77(2)). New York's GBL 349 lets the court award fees to a prevailing plaintiff, but does not require it. The TCPA has no fee-shifting clause.
Fee-shifting is why these laws work for ordinary people. The fee clause is what lets a consumer with a small dollar loss bring a claim at all.
Fee rules cut both ways in narrow cases. A court may award a collector its fees if an FDCPA suit was brought in bad faith and for harassment (§ 1692k(a)(3)), and Florida allows defense fees if a suit raised no justiciable issue (§ 559.77(2)). Our post on how the collector pays your lawyer explains the rest.
Deadlines cap everything
One year under the FDCPA
An FDCPA claim must be filed within one year of the violation, with no discovery rule (15 U.S.C. § 1692k(d); Rotkiske v. Klemm, 589 U.S. 8 (2019)). FCRA claims: two years after discovery, five at most (§ 1681p). TCPA: four years (28 U.S.C. § 1658(a)). FCCPA: two years (Fla. Stat. § 559.77(4)).
In New York, a deceptive collection practice can support a GBL 349 claim alongside the FDCPA. In New Jersey, the Consumer Fraud Act provides treble damages for an ascertainable loss of money or property, plus fees (N.J.S.A. 56:8-19); whether a particular collection practice falls under it depends on the facts. Florida's FCCPA reaches original creditors as well as collectors. See the New York, New Jersey and Florida pages, and the full guide to what you get.
Public verdicts and settlements in other people's cases are collected on the public verdicts page. They are not results of this firm and do not predict yours.
What to do this week
- Identify which law applies. A collector, a credit bureau, a robocall: each points to a different statute. The violation checker sorts it.
- Write down the date of each violation. The one-year FDCPA clock runs from each.
- Keep proof of any loss: a denied application, a fee, time off work.
- Count the calls. The call log tracks robocalls and the 7-in-7 presumption for telephone calls.
Sources: 15 U.S.C. §§ 1692k, 1681n, 1681o, 1681p; 47 U.S.C. § 227(b)(3); 28 U.S.C. § 1658(a); Fla. Stat. § 559.77; N.Y. Gen. Bus. Law § 349(h); N.J.S.A. 56:8-19; Campbell-Ewald Co. v. Gomez, 577 U.S. 153 (2016); Rotkiske v. Klemm, 589 U.S. 8 (2019).
Common questions
Is the FDCPA's $1,000 per call or per violation?
Neither. The statute allows additional damages up to $1,000 in an individual action, however many violations it covers. Actual damages are separate and are not capped by that figure.
What are actual damages?
Losses the violation caused you, such as money you lost. Under the FCRA, the Second Circuit has said actual damages may include humiliation and mental distress even without an out-of-pocket loss. What counts under other laws depends on the law and the proof. Actual damages have to be proven; there is no set amount.
Who pays my lawyer?
The FDCPA, the FCRA and Florida's FCCPA require a company found liable to pay the consumer's reasonable attorney's fees and costs. New York's GBL 349 lets the court award fees. The TCPA has no fee-shifting clause.
Tell us what they did.
One conversation with an attorney, in your language. We tell you which laws the collector or the credit bureau broke, which deadline runs first, and what to save this week. If it is not a case we can take, we say so and tell you where to go.
(718) 484-7510The FDCPA and the FCRA require a company found liable to pay the consumer’s reasonable attorney’s fees and costs. Our fee arrangement is confirmed in a written retainer before we begin. English, Russian and Spanish in-house; an interpreter for any other language.