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CEB Prac. Guide § 2A.49 -- Liability -- Actual Damages

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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,… Read More

In Basinger-Lopez v. Tracy Paul & Associates, 2009 WL 1948832 (N.D.Cal. 2009). Judge Armstrong refused to award emotional distress damages in an FDCPA case. Defendant failed to appear in the action, and Plaintiff sought to recover $10,000 in actual damages arising from emotional distress suffered due to the alleged collection activities of the defendant, which included threats of legal action,… Read More

In Hartung v. J.D. Byrider, Inc., 2009 WL 1876690 (E.D.Cal. 2009), Magistrate Judge Austin addressed the standard required for proof of emotional distress damages under the FDCPA, and found that a Plaintiff must meet the elements of a state court IIED claim.  Judge Austin addressed the following fact pattern pursuant to Plaintiff’s effort to prove-up a default judgment.   Anderson… Read More

In Riley v. Giguiere, 2009 WL 1748721 (E.D.Cal. 2009),  Judge Karlton addressed whether an attorney involved in an unlawful detainer action was a ‘debt collector’ under the FDCPA.  Judge Karlton held that the attorney was ‘regularly’ engaged in debt collection, explaining:   Briefly, a debt collector includes anyone who “regularly collects or attempts to collect, directly or indirectly, debts owed… Read More

In Piontek v. IC System, Inc. 2009 WL 1044596 (M.D.Pa. 2009), Judge Rambo held that a Plaintiff seeking emotional distress damages put at issue other lawsuits she had filed.    Here, Plaintiff's motivation for her actions giving rise to the suit, or for bringing the suit, are irrelevant to the issue of whether Defendants violated the FDCPA through their dealings… Read More

In Miller v. Midland Funding, LLC, 2008 WL 4093004 (C.D.Cal. 2008), Judge Otis Wright clarified the type of penalties and damages recoverable under the FDCPA.  As to the $1,000 penalty, Judge Wright explained: Defendants are correct that statutory damages are limited to $1,000 per action, not $1,000 per defendant.  Clark v. Capital Credit & Collection Services, Inc. 460 F.3d 1162, 1178 (9th… Read More

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