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James v. Accelerated Recovery Systems, Inc. (In re James) (Case No. 08-60012; A.P. No. 08-06035) 04/09/2010

The Court awarded judgment in favor of the defendant regarding a complaint seeking damages under the Fair Debt Collection Practices Act.  The plaintiff appealed and the District Court remanded the matter instructing the Court to award statutory damages up to $1,000, to award costs and reasonable attorney's fees and to consider an award of actual damages.  On remand, the Court found that the debtor did not present any evidence in support of an award of actual damages.  Therefore, no actual damages awarded.   As only one violation of the Act was committed, the Court awarded statutory damages in the amount of $300.00.  The Court also awarded $950.00 in attorney's fees as reasonable.

Date: 
Friday, April 9, 2010
Category: 
Appeal
Judgments
Chapter: 
13