Opinion
Civil No. 10-3175 (JNE/AJB)
07-12-2012
Curt Parrish and Ted Parrish, Plaintiffs, v. ISA Acceptance Corporation, Defendant.
Mark L. Vavreck, Esq., Martineau, Gonko & Vavreck, PLLC, appeared for Plaintiffs.
ORDER
Mark L. Vavreck, Esq., Martineau, Gonko & Vavreck, PLLC, appeared for Plaintiffs.
On July 12, 2012, the Court heard Plaintiffs' Motion for Default Judgment against Defendant ISA Acceptance Corporation. Plaintiffs' motion is granted. See Fed. R. Civ. P. 55(b)(2).
The Court awards Plaintiffs $1000.00 in statutory damages. See 15 U.S.C. § 1692k(a)(2)(A) (allowing a court to impose up to $1000 in statutory damages on "any debt collector who fails to comply with [the act]"); Wright v. Fin. Serv. of Norwalk, Inc., 22 F.3d 647, 651 (6th Cir. 1994) ("Congress intended to limit 'other damages' to $1,000 per proceeding, not to $1,000 per violation."); Picht v. Hawks, 77 F. Supp. 2d 1041, 1045 (D. Minn. 1999) aff'd sub nom. Picht v. John R. Hawks, Ltd., 236 F.3d 446 (8th Cir. 2001) ("Regardless of the number of violations in a single collection action, the FDCPA limits damages to $1,000."). Further, the Court awards $400 in costs and $2000 in attorney's fees. See 15 U.S.C. § 1692k(a)(3).
Based on the files, records, and proceedings herein, and for the reasons stated on the record, IT IS ORDERED THAT: Plaintiffs' Motion for Default Judgment [Docket No. 17] is GRANTED in the amount of $3,400.00.
LET JUDGMENT BE ENTERED ACCORDINGLY.
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JOAN N. ERICKSEN
United States District Judge