Hamid v. Stock & Grimes, LLP
2012 U.S. Dist. LEXIS 94441
E.D. Pa.2012Background
- Hamid sues S&G under the FDCPA for filing a debt action after the applicable statute of limitations.
- The court previously granted partial summary judgment to Hamid on liability; damages remain at issue.
- Hamid settled the state court action with Discover Bank; settlement amount undisclosed.
- Hamid seeks recovery of actual damages including settlement payment, lost wages, travel expenses, and mental distress damages.
- S&G argues the Pennsylvania voluntary payment doctrine bars recovery; plaintiff argues FDCPA preempts state law.
- Court holds that FDCPA permits recovery of the settlement amount as actual damages and proceeds to assess statutory damages, costs, and fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can Hamid recover the settlement amount as actual damages? | Hamid: settlement payment recoverable as actual damages under FDCPA. | S&G: voluntary payment doctrine bars recovery under state law. | Settlement amount is recoverable as actual damages under FDCPA. |
| Does the voluntary payment doctrine bar recovery under FDCPA? | FDCPA governs; state doctrine not applicable. | Doctrine precludes recovery of settlement payment. | Voluntary payment doctrine does not bar recovery under FDCPA. |
| May Hamid recover statutory damages, costs, and attorney's fees under the FDCPA? | Plaintiff seeks statutory damages, costs, and fees as authorized by FDCPA. | Defense: limits apply consistent with FDCPA provisions. | Plaintiff may recover statutory damages, costs, and attorney's fees as provided by FDCPA. |
Key Cases Cited
- Huertas v. Galaxy Asset Mgmt., 641 F.3d 28 (3d Cir.2011) (FDCPA applies to litigating activities of attorneys; common-law immunities cannot trump the FDCPA)
- Allen v. LaSalle Bank, 629 F.3d 364 (3d Cir.2011) (New Jersey litigation privilege does not bar FDCPA claims)
- FTC v. Check Investors, Inc., 502 F.3d 159 (3d Cir.2007) (FDCPA purpose and consumer protection scope)
- Weiss v. Regal Collections, 385 F.3d 337 (3d Cir.2004) (statutory damages available even without actual damages)