CREDITWRENCH-TheTruth

This past week on his message board, a consumer posted that she had documented the following violations from a collection agency on her debt:

43 phonecalls after my verified letter 805(c)
1 additional collection attemt by mail after my letter
1 abuse (foreigner - should go back where I came from)
1 failure to provide validation in a timely manner (35 days)
2 collection attempts on Sunday

What was CREDITWRENCH CEO Bill Bauer's advice?

I would not sue them on all of the violations at once. I'd sue them on each
violation separately. Go for one and get that settled and then go for the next
one for the next year or so. The reason you want to sue them on each one
separately is that you are only likely to get $1,000 per violation.

Apparently CREDITWRENCH CEO Bill Bauer doesn't understand the claim preclusion doctrine. Not surprising though since he doesn't understand much of anything that has to do with the law.

Under claim preclusion, all of the above violations would have to be consolidated in a single suit. If she attempted to file multiple suits, only the first suit would be recognized, and subsequent suits would be barred by the court. Only violations that would occur after a suit was filed could give rise to an additional filing.

Not only did CREDITWRENCH CEO Bill Bauer give false and misleading legal advice, he also gave bad strategic advice. Filing suit on all of the violations at one time means the collection agency would have to formulate a defense for each violation, giving her more leverage for a favorable settlement.

CREDITWRENCH CEO Bill Bauer advising that separate lawsuits should be filed for the muliple violations above is false and misleading.