Tourgeman

ORDER DISMISSING CLASS CLAIM

The matter before the Court is a class action alleging a violation of the Fair Debt Collection Practices Act (“FDCPA”). Plaintiff David Tourgeman represents the class. The law firm of Nelson & Kennard is the Defendant debt collector. On June 30, 2016, the Court held a hearing on the parties’ motions in limine. At the hearing, the parties disputed whether Plaintiff or the Defendant bears the burden of proof at trial to establish the Defendant’s net worth for the purpose of awarding statutory damages to the class under FDCPA. Having considered the submissions of the parties, 1 the arguments of counsel and the pleadings in this case, the Court finds that it is Plaintiffs burden, on behalf of the class, to present competent evidence of the Defendant’s current net worth to establish the first element necessary for a determination of class statutory damages. Plaintiff has no competent evidence to offer to establish the proper amount of damages the finder of fact may consider in the award of statutory damages, and therefore cannot prove this necessary element of the class claim. The class claim is therefore DISMISSED.

I. FDCPA Statutory Damages for a Class…