Sengenberger v. Credit Control Services, Inc.

1 Citing case

  1. United States v. Dish Network LLC

    256 F. Supp. 3d 810 (C.D. Ill. 2017)   Cited 21 times   2 Legal Analyses
    Holding that $8.1 billion dollar award is excessive and violates due process, and that a statutory damages of $280,000,000, representing approximately 20% of after-tax profits for 2016, is appropriate and constitutionally proportionate, reasonable and consistent with due process

    Because the award in excess of $8.1 billion violates due process, the Court will not exercise its discretionary authority to increase the award. The Court, therefore, will not address the split of authority on the requirements to prove knowing violations (see e.g., Lary v. Trinity Physician Financial & Insurance Services, 780 F.3d 1101, 1106–07 (11th Cir. 2015) (must prove actual knowledge that the act violated the TCPA); contra e.g., Sengenberger v. Credit Control Services, Inc., 2010 WL 1791270, at *6 (N.D. Ill. May 5, 2010) (must only prove the act was intentional, not accidental)) or whether the enhanced award would constitute punitive damages see Alea London Ltd. v. American Home Services, Inc., 638 F.3d 768, 778 (11th Cir. 2011) (enhanced awards up to $1,500 under the TCPA were more compensatory than punitive). G. Counts VII and VII California Claims