Davis

Davis v. Hollins Law

Good Law
25 F. Supp. 3d 1292·2014 WL 2619651·2014 U.S. Dist. LEXIS 81024
United States District Court, Eastern District of CaliforniaJune 12, 2014No. CIV. S-12-3107 LKK/ACCalifornia4,928 words

Opinion

Lead Opinion

Karlton, J.

ORDER

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 plaintiffs 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.

I. DAMAGES

Plaintiff seeks statutory damages of $1000.00 under each of the FDCPA and the Rosenthal Act, for a total of $2000.00.

A. Damages under the FDCPA

1. Standard

The FDCPA provides for statutory damages. “[A]ny debt collector who fails to comply with any [FDCPA] provision ... *1296 with respect to…

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