In Fausto v. Credigy Services Corp., 598 F.Supp.2d 1049 (N.D.Cal. 2009), Judge Ware defined the quantum of proof necessary to recover “actual damages” under the FDCPA. 


The FDCPA permits an award of actual damages for a defendant’s violation of the statutory scheme. 15 U.S.C. § 1692k(a)(1). “Actual damages [under the FDCPA] not only include any out of pocket expenses, but also damages for personal humiliation, embarrassment, mental anguish or emotional distress.” Panahiasl v. Gurney, No. 04-04479 JF, 2007 WL 738642, at *1, 2007 U.S. Dist. LEXIS 17269, at *3 (N.D.Cal. Mar. 8, 2007). Since the statutory scheme permits emotional distress damages, a plain-tiff may recover “without proving the elements of *1055 the state law cause of action for intentional infliction of emotional distress.” FN5 Id. In the Ninth Circuit, emotional distress damages may be proven in a number of ways, including though corroborating medical evidence or non-expert testimony establishing “manifestations of mental anguish [and the occurrence of] significant emotional harm.” Dawson v. Wash. Mut. Bank. F.A., 390 F.3d 1139, 1149-50 (9th Cir.2004) (finding that damages for emotional dis-tress are available under bankruptcy law when a creditor violates the automatic stay that follows from the filing of a bankruptcy petition). Emotional distress can also be readily apparent without corroborative evidence, where a plaintiff was a victim of egregious conduct or where the “circumstances make it obvious that a reasonable person would suffer significant emotional harm.” Id. at 1150.