Attorney's Fees Award Against Counsel is Reversed for Lack of Statutory Authorization

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In Hyde v. Del Nero, 2009 DJDAR 8329 (2009), the Ninth Circuit clarified whether a lawyer for a party may be liable for fees under 15 U.S.C. Section 1692k(a)(3) of the Federal Debt Collection Practices Act (“FDCPA”) (pdf). In 2004, the plaintiffs filed suit against Midland Credit Management, Inc. (“MCM”) alleging violations of the FDCPA. Three months before trial, the law firm of Hyde & Swigart was retained to represent one of the plaintiffs after MCM settled with the other plaintiff.

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