Opinion
01 C 1769
July 16, 2001
Defendant asks me to dismiss this case as moot since defendant purportedly already offered Lorokowski everything he could hope to recover in this action. The case is brought under the Fair Debt Collection Practices Act ("FDCPA") against a law firm debt collector, Pellettieri Associates. The gist of the Complaint is that defendant twice violated the FDCPA by communicating directly with Lorokowski when defendant knew that Lorokowski had a lawyer representing him in a state court proceeding that defendant filed against him.
It is undisputed that defendant has offered to settle for the sum of $1,005.00 plus reasonable attorneys' fees and costs. Defendant asserts that this sum is the maximum amount that plaintiff could recover if the action were to proceed to trial, but it is incorrect. Under the plain language of the FDCPA, a plaintiff who does not seek actual damages (which plaintiff here does not) can be awarded up to $1000 from the court from "any debt collector who fails to comply" with the statute. In other words, if discovery reveals that more than one attorney at Pellettieri Associates made a communication which violated the FDCPA, then Lorokowski may be entitled to more than $1000. Plaintiff may amend his Complaint to add other defendants within a reasonable period if discovery so warrants.
The FDCPA, 15 U.S.C. § 1692k(a), states in pertinent part:
"Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this sub-chapter with respect to any person is liable to such person in an amount equal to the sum of — (1) any actual damage sustained by such person as a result of such failure;
(2)(A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000."
Defendant may renew this motion should plaintiff fail to amend his Complaint to add additional plaintiffs. The motion to dismiss [4] is denied without prejudice.