What you can recover
When a collector, lender or credit bureau breaks these laws, the statutes set what the court can award: your actual damages, statutory damages set by law, punitive damages under the FCRA for willful violations and under Florida's FCCPA, and in most cases your attorney's fees. Each statute has its own numbers and its own caps. This page lays them out; it does not estimate what any case is worth.
Consumer protection statutes are built so that a violation is worth suing over even when the dollar loss is small. They do that three ways: statutory damages that a court can award without proof of a specific loss, fee-shifting so the company pays the consumer's lawyer, and, for the worst conduct, punitive damages. Actual damages come on top when the violation cost you money or caused real harm. Here is how each piece works, followed by a table by statute.
Actual damages
Actual damages are the harm the violation caused you. The FDCPA says a collector is liable for "any actual damage sustained" as a result of the violation (15 U.S.C. § 1692k(a)(1)); the FCRA and the FCCPA use similar words (15 U.S.C. §§ 1681n(a), 1681o(a); Fla. Stat. § 559.77(2)). Out-of-pocket losses are the clearest: money paid on a debt you did not owe, fees charged that the agreement did not allow, a higher interest rate or a lost loan because of a false credit report, a security deposit forfeited on an apartment you were denied.
Harm is not only money. Under the FCRA, the Second Circuit has held that 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)). The plaintiff there still lost, because no inaccurate report had reached anyone else. Under the FDCPA, whether distress counts as actual damage and what proof it takes varies from court to court, and this page does not state a rule. In every case, evidence made at the time is what persuades: a note of each call and how it affected you, messages to family, missed work, a doctor's visit.
What to keep
Keep denial letters and adverse action notices, receipts for money paid, pay stubs for missed work, and a log of every call. The call log records date, time and number on your own phone.
Statutory damages
Statutory damages are amounts the law lets a court award without proof of a specific loss. Each statute sets its own:
- FDCPA. Additional damages as the court allows, up to $1,000 per action for an individual (15 U.S.C. § 1692k(a)(2)(A)). Not per call.
- FCRA, willful. Actual damages or statutory damages of $100 to $1,000 (15 U.S.C. § 1681n(a)(1)(A)). A natural person who obtains a report under false pretenses or knowingly without a permissible purpose is liable for actual damages or $1,000, whichever is greater (§ 1681n(a)(1)(B)). A negligent violation carries actual damages only (§ 1681o).
- TCPA. Actual loss or $500 per violation, whichever is greater; up to $1,500 per violation if willful or knowing (47 U.S.C. § 227(b)(3)). Counted per call.
- FCCPA (Florida). Additional statutory damages up to $1,000 (Fla. Stat. § 559.77(2)).
- GBL 349 (New York). Actual damages or $50, whichever is greater; the court may increase to three times actual damages, up to $1,000, if the violation was willful or knowing (N.Y. Gen. Bus. Law § 349(h)).
These are ceilings or fixed figures in the statutes, not predictions. A court decides the amount within them. Under the FDCPA the court considers, among other things, the frequency and persistence of the collector's noncompliance, its nature, and the extent to which it was intentional (15 U.S.C. § 1692k(b)(1)).
Punitive damages
Two of these laws allow punitive damages, which punish rather than compensate:
- FCRA, willful violations. "Such amount of punitive damages as the court may allow" (15 U.S.C. § 1681n(a)(2)). Not available for a merely negligent violation.
- FCCPA. The court "may award punitive damages" (Fla. Stat. § 559.77(2)).
The FDCPA, the TCPA and GBL 349 do not provide punitive damages in their private-remedy sections; the TCPA's treble damages for willful violations and GBL 349's enhanced damages serve a similar purpose within their caps.
Class actions and their caps
When the same practice hurts many people, such as a form letter with a false statement or a dialer calling cell phones without consent, one lawsuit can be brought for the whole group. The caps differ:
- FDCPA. Named plaintiffs as in an individual action, and for the class as a whole the lesser of $500,000 or 1% of the collector's net worth (15 U.S.C. § 1692k(a)(2)(B)).
- FCCPA. Up to $1,000 per named plaintiff, and for the rest of the class the lesser of $500,000 or 1% of the defendant's net worth (Fla. Stat. § 559.77(2)).
- FCRA and TCPA. The damages sections set no class cap (15 U.S.C. §§ 1681n, 1681o; 47 U.S.C. § 227(b)(3)).
In an FCRA class action, every class member seeking damages must show a concrete harm; an inaccurate report disseminated to a third party qualifies (TransUnion LLC v. Ramirez, 594 U.S. 413 (2021)). Class rules for state-law claims are not covered here.
Attorney's fees
Fee-shifting is what makes most of these cases possible. The FDCPA requires a company found liable to pay the consumer's reasonable attorney's fees and costs (§ 1692k(a)(3)). So do the FCRA (§§ 1681n(a)(3), 1681o(a)(2)) and the FCCPA (§ 559.77(2)). Under GBL 349(h) the court may award fees to a prevailing plaintiff. The TCPA has no fee-shifting clause. There are also rules that can run against a consumer in narrow cases of bad faith, and Florida's rule for suits with no justiciable issue. The who pays your lawyer page explains all of it.
The table, by statute
| Statute | Actual damages | Statutory damages | Punitive damages | Class cap | Fees to a winning consumer |
|---|---|---|---|---|---|
| FDCPA | Yes | Up to $1,000 per action | No | Lesser of $500,000 or 1% of net worth | Required |
| FCRA, willful | Yes, or statutory | $100 to $1,000 | Yes | None stated | Required |
| FCRA, negligent | Yes | No | No | None stated | Required |
| TCPA | Yes, if greater | $500 per violation; up to $1,500 if willful or knowing | No (treble instead) | None stated | None |
| FCCPA (FL) | Yes | Up to $1,000 | Yes, in the court's discretion | Lesser of $500,000 or 1% of net worth | Required; defense fees if no justiciable issue |
| GBL 349 (NY) | Yes, or $50 | $50 minimum; up to 3 times actual, capped at $1,000, if willful | No | Not covered here | Discretionary |
15 U.S.C. §§ 1692k(a), 1681n, 1681o; 47 U.S.C. § 227(b)(3); Fla. Stat. § 559.77(2); N.Y. Gen. Bus. Law § 349(h).
Stacking claims
One course of conduct can support several claims. Prerecorded calls to your cell phone from a third-party collector, more than 7 telephone calls in 7 days, and a report to a credit bureau that did not say the debt was disputed could support TCPA, FDCPA and FCRA claims together. Each law's remedies are counted under its own terms.
The damages are only available if you file in time
The FDCPA's deadline is one year from the violation; the FCCPA's is two years; the FCRA's is the earlier of two years from discovery or five from the violation; the TCPA's is four years. The deadlines page has them all.
Verdicts and settlements in other people's cases
The public verdicts page lists verdicts and settlements in other people's cases, each cited to a court record or agency release. None is a result of this firm, and none predicts what another case is worth. We publish no results of our own. If you have been sued by a collector, your damages claims may also be counterclaims; do not ignore the papers, because the answer deadline is short. See sued by a debt collector.
In New York, New Jersey and Florida
The federal remedies are the same in all three states. Florida adds the FCCPA, with punitive damages and coverage of original creditors. New York adds GBL 349. New Jersey's Consumer Fraud Act awards treble damages and fees for an ascertainable loss from an unlawful practice, where it applies. See New York, New Jersey and Florida.
Common questions
How much is my case worth?
No honest answer is possible before the facts are known, and this site does not estimate values. The statutes set what a court can award: actual damages you prove, statutory damages within the limits each law sets, punitive damages where allowed, and fees. What a particular case recovers depends on the evidence, the defendant and the court.
Is the FDCPA's $1,000 per call?
No. It is up to $1,000 in additional damages per action for an individual plaintiff, whatever the number of violations. Actual damages are added on top. The TCPA is different: its $500 statutory damages are counted per violating call.
Can I recover for stress and embarrassment?
Under the FCRA, the Second Circuit has held that actual damages may include humiliation and mental distress even without out-of-pocket loss. Under the FDCPA the statute allows any actual damage sustained; whether distress counts and what proof is needed varies by court. Records made at the time, such as a journal, medical visits, or messages to family, help.
Do I pay taxes on a recovery?
Tax treatment depends on what the recovery is for and on your circumstances. Ask a tax professional; this site does not give tax advice.
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.