Receiving one phone call and six messages from a collector after notifying it that she was being represented by an attorney is not enough to warrant the $25,000 in emotional distress being sought by the plaintiff in a Fair Debt Collection Practices Act case, ruled a Magistrate Judge, saying that the amount was “pulled out of thin air.” The judge granted the plaintiff’s motion for default judgment in the case, awarding $7,000 in statutory damages and attorney’s fees, but denied the request for emotional distress damages.
A copy of the ruling in the case of McClain v. American Credit Resolution can be accessed by clicking here.
The plaintiff was contacted by the defendant in regards to an unpaid debt. The plaintiff notified the defendant that she had an attorney and told the defendant to contact the lawyer. Nonetheless, the defendant continued to contact the plaintiff, leaving a voicemail message confirming its knowledge that the plaintiff was being represented and even identifying the lawyer by name, and sending six text messages to the plaintiff in attempts to communicate about the debt.
The plaintiff filed suit, alleging the defendant violated the FDCPA and the Rosenthal Fair Debt Collection Practices Act in California. The defendant’s attorneys withdrew from the case more than a year ago and the defendant never hired a replacement, leading the plaintiff to file her motion for default judgment.
The plaintiff sought $2,000 in statutory damages, $25,000 in emotional distress damages, $4,637.50 in attorney’s fees, and $605 in costs. Magistrate Judge Allison Claire of the District Court for the Eastern District of California had no problem with the statutory damages, the attorney’s fees, or the costs. But on the emotional distress damages, that’s where she drew the line.
“The $25,000 amount was apparently pulled out of thin air,” Judge Claire wrote. “There are no medical invoices or supporting documentation of any kind. Plaintiff does not provide any factual support for these damages other than her statement that she felt helpless. The undersigned finds no basis to award $25,000 for distress allegedly caused by a phone call and six text messages without any supporting documentation in the record. The requested amount is disproportionate to the allegations involved.”
