Enormis can't figure it out as usual.

This blog is dedicated to exposing the lies about creditwrench promoted by a debt collector's blog who calls himself "CREDITWRENCHSCAM" and is also known as "Enormis", "Enormis Debtor", "Uncle Normie" and any other false screen name he can think of.

E. Normis
Expert Member



Joined: October 12 2004
Location: United States
Online Status: Offline
Posts: 460

Posted: January 15 2005 at 4:39am | IP Logged

The CA can't represent the collector in a lawsuit, although they may offer to cover the cost of the lawsuit. Don't know why they would only sue the collector rather than the agency; they should be suing both.

What do you mean by a minor infringement? Violation of Federal, and probably State law?

I'm amazed at the number of CA's/collectors who think a violation is only gonna cost them $1000. I'm even more amazed at consumers who settle for it.

In June this past year, just 4 phone calls to an individual cost the CA-collector co-defendents over $100,000 in a FDCPA suit in federal court. The plantiff was awarded $15,000 the plantiff's attorneys $90,000.

The case was in the 10th District and is Caputo v. Marzulli and Professional Recovery. Here is what the court deemed reasonable attorney fees that had to be paid by the collector and his agency:

FEES

Person/Position Hours Rate Total

Fred Schwinn 388.1 $150.00 $58,215.00

James Heathman 143.85 $175.00 $25,173.75

Assoc. Attorney .1 $140.00 $ 14.00

Law Clerks 260.3 $ 60.00 $15,618.00

Legal Assistant 5.6 $ 40.00 $ 224.00

Document Clerk 4.3 $ 25.00 $ 107.50

TOTAL $99,352.25

Downward Adjustment by 20% -19,870.45

REASONABLE FEES $79,481.80

COSTS AND EXPENSES

Total Request appearing in ¶ 14 of Affidavit $14,912.51

Less costs awarded in Bill of Costs -2,414.95

Less photocopying costs -4,233.00

REASONABLE COSTS AND EXPENSES $ 8,264.56

TOTAL OF REASONABLE FEES, COSTS AND EXPENSES

AS DETERMINED BY THE COURT $87,746.36

Edited by E. Normis on January 15 2005 at 5:05am