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Consumer Law
Fair Debt Collection Practices Act
Collection Calls

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

Court

USDC Eastern


Attorneys

Plaintiff

Ryan Lee

Matthew Rosenthal

Rory C. Leisinger


Defendant

Kathleen M.K. Carter
(Messner Reeves)

Tamara H. Heathcote


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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