Michael Davis v. Hollins Law, A Professional Corporation
Published: Nov. 29, 2014 | Result Date: Jun. 24, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:12-cv-03107-LKK-AC Bench Decision – $36,063
Facts
Michael Davis sued Hollins Law APC, concerning the company's debt collection practices.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant was a debt collector. Plaintiff claimed that defendant placed collection calls to his home phone and left a voice mail message that failed to disclose that the call was from a debt collector. Plaintiff alleged that defendant's conduct constituted a violation of the federal Fair Debt Collection Practices Act and California's Rosenthal Fair Debt Collection Act.
DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations, and asserted various affirmative defenses.
Damages
Davis sought statutory damages of $1,000 for each violation under FDCPA and the Rosenthal Act. Plaintiff also requested $46,334 in attorney fees and $2,393 in litigation costs.
Result
In a bench trial, the court concluded that Hollins had violated the FDCPA and the Rosenthal Act, and awarded plaintiff $250 in statutory damages under the FDCPA and zero damages under the Rosenthal Act. The court then denied Davis' motion for costs, but awarded him $35,813 in attorney fees under the FDCPA and the Rosenthal Act.
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