News & Analysis as of

Debt Collectors Attorney's Fees

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts - February 2024

Carlton Fields on

The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Troutman Pepper

Ninth Circuit Affirms Award of Attorneys’ Fees in FDCPA Matter

Troutman Pepper on

In Hanrahan v. Statewide Collection, Inc., No. 21-16187 (9th Cir. Sep. 1, 2022), the Ninth Circuit affirmed an award of attorneys’ fees in favor of the plaintiff in an action brought under the Fair Debt Collections Practices...more

Cozen O'Connor

Debt Collector To Return $477,000 To Washington Consumers In AG Settlement

Cozen O'Connor on

Washington AG Bob Ferguson reached a settlement with Denver-based collection agency Machol & Johannes, LLC and its present and former owners (collectively “M&J”) to resolve allegations that the company engaged in unlawful...more

Troutman Pepper

District Court Reduces Request for Attorneys’ Fees in FDCPA Suit by More than Half in Response to Litigated Offer of Judgment

Troutman Pepper on

In Gould v. Monarch Recovery Mgmt., No. 18-C-1282 (E.D. Wis. Nov. 10, 2020), the Plaintiff’s counsel sought $57,073.37 in attorneys’ fees after accepting an offer of judgment as to claims under the Fair Debt Collections...more

Foley & Lardner LLP

Divided Eleventh Circuit Panel Bars Incentive Awards for Class Representatives in Class Action Settlements

Foley & Lardner LLP on

While not authorized by Rule 23, incentive awards to class representatives are a common feature of class action settlements. Nevertheless, a divided Eleventh Circuit panel ruled last Thursday that such payments are strictly...more

Bradley Arant Boult Cummings LLP

Everything You Need to Know (And Probably Don’t) About Covenants Not to Compete - Louisiana

The next state in our series exploring non-compete agreements is Texas’ neighbor to the east, Louisiana. As I like to say, when you travel east and cross the Sabine River from Texas to Louisiana all the words change but the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 21, 2020

Carlton Fields on

Real Property Update - HOA / Class Action: It was appropriate for trial court to narrow class to current homeowners as to counts seeking declaratory and injunctive relief, as former homeowners have no interest in relief...more

Carlton Fields

Court Compels Arbitration of Balance Billing Dispute Under a California Health Plan, Severs Certain Unconscionable Provisions, and...

Carlton Fields on

A patient sued her health plan and the plan’s debt collector under various California and federal laws in connection with alleged attempts by the plan to unlawfully collect the balances of the plaintiff’s medical statements...more

Ballard Spahr LLP

Fifth Circuit's Affirmance of Denial of Attorney's Fees to Successful FDCPA Plaintiff May Aid Collectors in Challenging Fee...

Ballard Spahr LLP on

Debt collectors should take note of a recent decision by the U.S. Court of Appeals for the Fifth Circuit holding that a Texas federal district court was justified in relying on "special circumstances"...more

Burr & Forman

Burr Alert: Fifth Circuit Rejects Consumer’s “Outrageous” FDCPA Attorney’s Fee Request

Burr & Forman on

The Fair Debt Collection Practices Act (“FDCPA”) provides that a consumer is entitled to “reasonable attorney’s fees” as part of a “successful” claim. See 15 U.S.C. § 1692k(a)(3). While courts have found that this provision...more

Smith Debnam Narron Drake Saintsing & Myers,...

Debt Collection Letter’s Inclusion of Court Costs Was Not Deceptive

Any opinion that starts out by stating “[t]his case is about $82.00” is not likely to go well for one party and in this instance, that was the case for Nestor Saroza. A New Jersey district court recently held that a debt...more

Ruder Ware

Autodialing and Pre-Recorded Messages: the TCPA’s Trap for Unwary Lenders and Debt Collectors

Ruder Ware on

In February 2015, a federal judge approved a $75 million Telephone Consumer Protection Act (“TCPA”) class settlement involving Capital One and three debt collectors.[1] The plaintiffs (debtors) alleged that Capital One and...more

Ballard Spahr LLP

Prevailing Defendant Can Recover Costs in FDCPA Suit Not Filed in Bad Faith, Supreme Court Rules

Ballard Spahr LLP on

A prevailing defendant in a Fair Debt Collection Practices Act (FDCPA) case can recover costs even without a court finding that the plaintiff filed suit in bad faith and for the purpose of harassment, the U.S. Supreme Court...more

Saul Ewing Arnstein & Lehr LLP

Supreme Court Upholds Prevailing Debt Collectors' Right to Obtain Litigation Costs from Plaintiffs Under the Fair Debt Collection...

In Marx v. General Revenue Corp., decided on February 26, 2013, the United States Supreme Court, by a margin of 7-2, held that a debt collector sued by a borrower under the Fair Debt Collection Practices Act ("FDCPA") may...more

14 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide