King

King v. International Data Services (IDS)

Good Law
100 F. App'x 681
United States Court of Appeals for the Ninth CircuitJune 7, 2004No. 02-17354California470 words

Opinion

Lead Opinion

MEMORANDUM *

International Data Services (“IDS”) appeals the district court’s judgment awarding plaintiff Catherine King $1,000 in statutory damages as well as attorneys’ fees and costs under the Fair Debt Collection Practices Act (“FDCPA”).

The district court did not abuse its discretion in awarding maximum statutory damages. 15 U.S.C. § 1692k(a)(2)(A) provides that a debt collector in violation of the FDCPA is liable for “such additional damages as the court may allow, but not exceeding $1,000.” In determining the amount of damages to award, the court is directed to consider “among other relevant factors ... the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional!;.]” 15 U.S.C. § 1692k(b). The district court found IDS’ violations to be both serious and deliberate. It was within the discretion of the district court to find that these factors called for an award of maximum statutory damages. Because these factors were sufficient to justify an award of maximum statutory damages, we decline to decide the question of whether a court may consider a collection agency’s…

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