Effective, Experienced, Exceptional.

CEB Prac. Guide § 2A.50 -- Liability -- Injunctive Relief

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In Solberg v. Victim Services, Inc, dba Corrective Solutions, 2018 WL 6567072 (N.D.Cal., 2018), Judge Chhabria certified an FDCPA class, but declined to award injunctive relief under the UCL because the putative class was unlikely to be the subject of further collection activity. The plaintiffs also seek restitutionary and injunctive relief under the UCL. As an initial matter, the plaintiffs… Read More

In Bonanno v. New Penn Financial dba Shellpoint Mtg. Servicing, Case No: 5:17-cv-229-Oc-30PRL, 2017 WL 3219517 (M.D. Fla. July 28, 2017), the District Court found that the FDCPA affords no right to punitive damages. Shellpoint argues Bonanno's punitive damages and injunctive relief claims under the FDCPA should also be dismissed. The Court agrees. Damages exceeding the $1,000 cap in section… Read More

In Jacobson v. Persolve, LLC, No. 14-CV-00735-LHK, 2015 WL 3523696, at *10 (N.D. Cal. June 4, 2015), Judge Koh granted, in part, class certification in an FDCPA class action despite the fact that the FDCPA's $500,000 penalty cap would result in deminimus recover to the large number of individual class members. In opposition, Defendants do not dispute that individual class members… Read More

In Varnado v. Midland Funding LLC, --- F.Supp.2d ----, 2014 WL 1994622 (N.D.Cal. 2014), Judge Ryu found that the Plaintiff stated no claim for negligent infliction of emotional distress against a debt collector nor any claim for punitive damages.  Judge Ryu found, however, that a claim for intrustion on seclusion was stated.  Judge Ryu found that debt collectors do not… Read More

In Ajib v. Financial Assistance, Inc., 2013 WL 5553249 (E.D.Cal. 2013), Judge Boone addressed two claims commonly raised by in pro per plaintiffs:  that defendants violated the FTC Act and that an injunction to enjoin further FDCPA violations is warranted.  Judge Boone found neither claim viable. Plaintiff alleges that the actions of the defendants were in violation of the FTCA… Read More

In Freeman v. ABC Legal Services, Inc., 2012 WL 2589965 (N.D.Cal. 2012), Judge Chen held in consolidated proceedings alleging multiple claims of ‘sewer’ or ‘gutter’ service of process by a debt collector that the Plaintiffs lacked Article III standing to bring a UCL claim based on the FDCPA.  The defendant collected no money from the defendants, so restitution was not… Read More

In Durham v. Continental Cent. Credit, 2010 WL 2776088 (S.D.Cal. 2010), Judge Moskowitz disallowed injunctive relief under the FDCPA, explaining:   However, declaratory and injunctive relief are not available to private litigants suing under the FDCPA. The courts that have specifically addressed the issue of whether such relief is available to private plaintiffs in FDCPA actions uniformly hold that the… Read More

In Vitullo v. Mancini, 2010 WL 438248 (E.D.Va. 2010) Judge Elliott addressed the question of whether the FDCPA allows for injunctive and declaratory relief that has the effect of cancelling or extinguishing a debt as a remedy for violations of the Act. Judge Elliott held that the FDCPA does not afford such relief and granted the defendant’s motion to dismiss. … Read More

In Yasin v. Equifax Information Services, Inc. 2008 WL 2782704 (N.D.Cal. 2008), Judge Chesney conducted an analysis of FCRA and held that "equitable relief is not available as a remedy" under FCRA, citing Howard v. Blue Ridge Bank 371 F.Supp.2d 1139, 1145 (N.D.Cal.2005).  Judge Chesney also used an analogy to the FDCPA, finding in dicta that the FDCPA does not either. Read More