DAVIS v. HOLLINS LAW
Sep 18, 2014OUTCOME: [1] Plaintiff is AWARDED $250.00 in statutory damages under the FDCPA. [2] Plaintiff's motion for costs is DENIED without prejudice. [3] Plaintiff is AWARDED $35,813.30 in attorney's fees under the FDCPA and the Rosenthal Act.
Plaintiff Michael Davis sued defendant Hollins Law, A Professional Corporation, alleging violations of the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p ("FDCPA") and California's ... Rosenthal Fair Debt Collection Practices Act, Cal. Civ.Code §§ 1788-1788.33 ("Rosenthal Act"). The gravamen of plaintiff's complaint was that defendant placed collection calls to his home phone, and left a voicemail message which failed to disclose that the communication was from a debt collector, thereby violating both statutes. On April 15, 2014, a bench trial was held in this matter, where plaintiff was represented by Matthew Rosenthal, and defendant by Kathleen Hollins and Tamara Heathcote. At the and the Rosenthal Act. The court deferred its ruling on damages, and directed plaintiff to file a petition for attorney's fees. The court will now turn to these issues.
