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CEB Prac. Guide § 2A.52 -- Liability -- Attorneys Fees

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District Court (Cal.) Reduces FDCPA Plaintiff’s Counsels’ Rates

by Scott J. Hyman |

Interpreting eleven (11) declarations from attorneys' on both sides of the FDCPA bar, Magistrate Judge Beeler reduced the rates sought by the Plaintiff's counsel in an FDCPA case in Bidwal v. Unifund Ccr, No. 3:17-cv-02699-LB, 2019 U.S. Dist. LEXIS 147004, at *17-23 (N.D. Cal. Aug. 27, 2019).  The facts and outcome were summarized by the Court. The plaintiff defaulted on… Read More

District Court (Ill.) Awards a Ton in FDCPA Attorneys’ Fees when Debt Collector Failed to Report an Account as Disputed to the CRAs

by Scott J. Hyman |

In Evans v. Portfolio Recovery Associates, LLC, No. 15 C 4498, 2017 WL 2973441 (N.D. Ill, July 12, 2017), Judge Kennelly awarded $43k in attorneys' fees following settlement of an FDCPA case. Katherine Evans sued Portfolio Recovery Associates, LLC for violating the Fair Debt Collection Practices Act (FDCPA), 15 USC 1692e, by sharing Evans's credit information with a credit reporting agency without… Read More

District Court (Cal.) Refuses to Allow Plaintiff’s Counsel’s Request for Discovery of Defense Counsel’s Billing Statements in Attorneys Fee Dispute under the Rosenthal Act

by Scott J. Hyman |

In Klein v. Law Offices of D. Scott Carruthers, 2015 WL 3626946, at *5 (N.D.Cal. 2015), Judge Breyer was called on to address a Plaintiff's counsel's request for attorneys' fees under the Rosenthal Act.  Plaintiff's counsel sought discovery of defense counsel's billing records to support Plaintiff's counsel's fee application and to refute the Defense counsel's argument that the Plaintiff's counsel's… Read More

District Court (S.C.) Enters $20,000 Default Judgment against Marine Finance Company for Debt Collection Tactics Arising from Collection on a Boat Purchase

by Scott J. Hyman |

In Roots v. American Marine Liquidators, Inc., 2012 WL 3136462 (D.S.C. 2012), Judge Anderson entered a default judgment against a marine financer for debt collection tactics employed in the collection of a debt secured by a boat. American Marine Liquidators, Inc. was found to be in default in this action on May 31, 2012 [Doc. 9];    American Marine Liquidators, Inc.,… Read More

District Court (Pa.) Finds Plaintiffs’ “Attorney Fee Surveys” Unreliable; Reduces Fee Rate in FDCPA Case

by Scott J. Hyman |

In Zavodnick v. Gordon & Weisberg, P.C., 2012 WL 2036493 (E.D.Pa. 2012), Judge Diamond whacked an FDCPA Plaintiff’s counsel’s fee application, rejecting as irrelevant and unreliable the boilerplate ‘fee surveys’ often submitted to justify exorbitant rates.  Judge Diamond explained: In support, Kimmel & Silverman has submitted evidence relevant to law practice in other regions. The firm offers affidavits from two… Read More

District Court (Cal.) Rejects Reliance on Consumer Attorneys’ National Survey as Evidence of Reasonableness of Attorneys’ Rates in Southern California

by Scott J. Hyman |

We recently argued, in opposing an attorneys' fee motion, that a survey of attorneys fee rates across the country – and in California –was unreliable as supporting evidence of a reasonable attorneys' fee rate.  We argued   Plaintiffs’ counsel states that they “maintain an updated survey of free rates charged by other California consumer protection attorneys.”  No they don’t.  They just… Read More

District Court (Cal.) Says Rule 68 Offer May Deprive Fed. Court of Jurisdiction; FDCPA/Rosenthal Act Provide for $1,000 Penalty “Per Action”, not “Per Defendant”

by Scott J. Hyman |

In Scott v. Federal Bond and Collection Service, Inc., 2011 WL 176846 (N.D.Cal. 2011), Judge Koh found that a Rule 68 offer made in an FDCPA case might deprive a federal court of jurisdiction to hear the matter due to the absence of a case or controversy.  Judge Koh explained:   In support of their 12(b)(1) motion, Defendants rely on… Read More

7th Circuit Says Age Doesn’t Matter As Much as Experience in FDCPA Fee Application

by Scott J. Hyman |

In Gastineau v. Wright, --- F.3d ----, 2010 WL 154794 (7th Cir. 2010), the Court of Appeals for the Seventh Circuit approved of a reduction of a plaintiff’s counsel’s attorneys’ fees because of counsel’s experience prosecuting FDCPA matters, explaining:   Duff argues that the district court abused its discretion by lowering his hourly rate from $250 to $150 based on… Read More