On July 22, U.S. District Judge Allyne Ross awarded summary judgment to a plaintiff who brought suit under the Fair Debt Collections Practices Act (FDCPA). The victory, however, could be Pyrrhic. Over the course of 20 months of litigation, what began as a five-count purported class action was whittled down to one individual claim that yielded a $500 statutory damages award. Anything short of a full award of attorneys’ fee — that issue has been referred to Magistrate Judge Vera Scanlon — will likely leave the “victorious” plaintiff (and her attorneys) more than a little unsatisfied.
The case involves an attempt by L J Ross Associates, Inc. (LJRA) to collect a $543 debt owed by plaintiff Lea Rosen. LJRA first notified Rosen of the debt in an October 2018 letter, and subsequently, Rosen’s husband made a $100 payment that lowered the amount due to $443. One month later in November, LJRA called Rosen and spoke to her husband (Rosen does not speak English). During the call, the LJRA representative informed Mr. Rosen of the $443 balance, and the parties discussed an installment payment plan. When LJRA’s representative asked Mr. Rosen whether his wife had received LJRA’s October 2018 letter, Mr. Rosen answered “no.” The LJRA representative stated she would...
