Section 813 of the Fair Debt Collection Practices Act (FDCPA).
The Fair Debt Collection Practices Act - Section 813
813. Civil liability [15 USC 1692k]
(a) Except as otherwise provided by this section, any debt collector who fails
to comply with any provision of this title with respect to any person is liable
to such person in an amount equal to the sum of --
(1) any actual damage sustained by such person as a result of such failure;
(2) (A) in the case of any action by an individual, such additional damages as
the court may allow, but not exceeding $1,000; or
(B) in the case of a class action, (i) such amount for each named plaintiff as
could be recovered under subparagraph (A), and (ii) such amount as the court may
allow for all other class members, without regard to a minimum individual
recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth
of the debt collector; and
(3) in the case of any successful action to enforce the foregoing liability, the
costs of the action, together with a reasonable attorney's fee as determined by
the court. On a finding by the court that an action under this section was
brought in bad faith and for the purpose of harassment, the court may award to
the defendant attorney's fees reasonable in relation to the work expended and
costs.
(b) In determining the amount of liability in any action under subsection (a),
the court shall consider, among other relevant factors --
(1) in any individual action under subsection (a)(2)(A), the frequency and
persistence of noncompliance by the debt collector, the nature of such
noncompliance, and the extent to which such noncompliance was intentional; or
(2) in any class action under subsection (a)(2)(B), the frequency and
persistence of noncompliance by the debt collector, the nature of such
noncompliance, the resources of the debt collector, the number of persons
adversely affected, and the extent to which the debt collector's noncompliance
was intentional.
(c) A debt collector may not be held liable in any action brought under this
title if the debt collector shows by a preponderance of evidence that the
violation was not intentional and resulted from a bona fide error
notwithstanding the maintenance of procedures reasonably adapted to avoid any
such error.
(d) An action to enforce any liability created by this title may be brought in
any appropriate United States district court without regard to the amount in
controversy, or in any other court of competent jurisdiction, within one year
from the date on which the violation occurs.
(e) No provision of this section imposing any liability shall apply to any act
done or omitted in good faith in conformity with any advisory opinion of the
Commission, notwithstanding that after such act or omission has occurred, such
opinion is amended, rescinded, or determined by judicial or other authority to
be invalid for any reason.
