Opinion
Case No.: 2:13-cv-692
05-06-2014
ALISON FORDYCE, Plaintiff, v. MANRAJ S. BATH d/b/a Pickerington Manor, et al., Defendants.
JUDGE EDMUND A. SARGUS, JR.
Magistrate Judge Elizabeth Preston Deavers
OPINION AND ORDER
This matter came before the Court for a damages hearing on April 22, 2014. Plaintiff asks the Court to award her actual and statutory damages as well as attorney fees and costs. Based on the following, the Court GRANTS Plaintiff's request.
I.
On April 3, 2014, this Court granted Plaintiff's Motion for Default Judgment against Defendant Montgomery Lynch & Associates, Inc. ("Defendant"). (ECF No. 33.) In the Amended Complaint, Plaintiff alleges violations by Defendant under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. ("FDCPA"), and the Ohio Consumer Sales Practices Act, Ohio Rev. Code §§ 1345.01, et seq. ("OCSPA"). Once a default is entered, a defendant is considered to have admitted all of the well-pleaded allegations in the complaint. Vesligaj v. Peterson, 331 F. App'x 351, 355 (6th Cir. 2009); Joe Hand Promotions, Inc. v. RPM Mgmt. Co. LLC, 2:11-CV-377, 2011 WL 5389425 (S.D. Ohio Nov. 7, 2011). Deeming the allegations in the Amended Complaint as admitted, the Court finds that Defendant's conduct violates the FDCPA and the OCSPA.
II.
At the damages hearing, the Court heard oral argument, took evidence and heard testimony from Plaintiff and from her expert witness on attorney fees, John Camillus.
A. The FDCPA and The OCSPA
The FDCPA allows the Court to award actual damages in addition to statutory damages of $1000 per offense. See 15 U.S.C. § 1692k(a)(1). Plaintiff requests $1000 in statutory damages and $1000 in actual damages. The Court finds that this amount is appropriate in light of Plaintiff's testimony and the "purpose of the FDCPA which is to eliminate 'abusive, deceptive and unfair debt collection practices.'" Becker v. Montgomery, Lynch, CIV.A. 1:02CV 874, 2003 WL 23335929, at *2 (N.D. Ohio Feb. 26, 2003) (quoting 15 U.S.C. § 1692(a) and awarding statutory and actual damages against a defaulting defendant).
With regard to the OCSPA, the Becker court recognized that, "[n]umerous cases have held that various violations of the FDCPA constitute a violation of the [O]CSPA." Id. "Damages may be awarded under the OCSPA for frustration, aggravation, humiliation, embarrassment, inconvenience, humiliation and upset, in addition to pecuniary damages." Id. at *3 (citation omitted). Further, Ohio Revised Code § 1345.09(B) permits the Court to treble any actual damages awarded for the violation of the OCSPA. Id. Based on the evidence adduced at the damages hearing, the Court finds that Plaintiff's actual damages are $1000 and, as requested by Plaintiff and permitted by statute, the Court awards three times that amount.
Accordingly, the Court awards Plaintiff damages in the amount of $5,000 for Defendant's violations of the FDCPA and the OCSPA.
B. Attorney Fees and Costs
Plaintiff is entitled to an award of attorney fees pursuant to the OCSPA, Ohio Rev. Code § 1345.09(F)(2), and the FDCPA, 15 U.S.C. § 1692k(a)(3). Based on the evidence presented at the damages hearing, the Court finds that the fees charged by Plaintiff's attorneys, Troy Doucet and Daniel Yarmesch, are reasonable. The Court further concludes that the amount of time spent on this action by Mr. Doucet, Mr. Yarmesch, their paralegals and their legal assistants is also reasonable. Therefore, the Court awards Plaintiff $7,453, which is the total amount requested for attorneys' fees and costs.
IV.
Based on the foregoing, the Court grants Plaintiff's request for damages in the amount of $5,000, and her request for attorneys' fees and costs in the amount of $7,453. The Clerk is DIRECTED to ENTER JUDGMENT against Defendant Montgomery Lynch & Associates, Inc. in the amount of $12,453.
IT IS SO ORDERED.
__________
EDMUND A. SARGUS, JR.
UNITEDWATES DISTRICT JUDGE