What makes TCPA suits against collection agencies the Golden Geese that they are is: they’re a per-instance ding.

Alternatively, under the FDCPA, plaintiffs may recover actual damages, attorney’s fees, costs, and statutory damages up to $1,000. While the first three are either market-flexible or regularly updated, the statutory damage cap has not changed since the law first took effect in 1978.

In our latest Homepage Poll, we’d like to get a sense from the industry: should there be a cap?

Think this one through, too, guys: emotionally you may think, “Duh.” But, metaphysically, caps can have the effect of putting a price tag on compliance, making it easier to simply pay off than implement change.

As a wise woman once reminded us: “Sometimes the hard thing, and the right thing, are the same thing.”

Take the poll!


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