<i>The fact that it is easier (less expensive) for a company to settle a case for $1K, rather than fight and win a case while costing themselves $10k gives the companies no incentive to fight back. Also, The plaintiff is already in debt and is having trouble paying, so what would a company get out of counter suing?</i><p>The <i>right</i> incentive is for enough people to do this that the companies find it cheaper to train their phone collectors about what they're legally allowed to do.