Ris v. Icollect.com, Corp.
8:16-cv-02414
| M.D. Fla. | Jun 16, 2017Background
- Plaintiff Deanna Ris sued ICollect.com, Corp., alleging repeated calls to her cellular phone after she revoked consent, in violation of the TCPA, FDCPA, and Florida’s FCCPA.
- Plaintiff alleged the calls were placed using an automatic telephone dialing system and/or an artificial voice and attached phone screenshots showing 27 calls after revocation.
- Defendant failed to retain counsel after initial representation and did not defend; the Clerk entered default on June 5, 2017.
- Plaintiff moved for final default judgment seeking statutory damages, attorney’s fees, and costs.
- The Court treated the complaint’s factual allegations as admitted due to default and evaluated damages and fees based on the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| TCPA liability for calls placed after revocation | Ris: 27 calls placed by ATDS/artificial voice after she revoked consent; $500 per call (or $1,500 if willful) | None asserted in light of default | Liability: yes. 27 violations. Damages: $500 per call = $13,500; no trebling because complaint lacked facts showing willfulness |
| FDCPA statutory damages amount | Ris: seeks $1,000 statutory damages for FDCPA violations | None asserted | Court awarded $10 (within statutory cap) considering overlap with TCPA recovery |
| FCCPA statutory damages amount | Ris: seeks $1,000 statutory damages under Florida law | None asserted | Court awarded $10 (parallel reasoning to FDCPA award) |
| Attorney’s fees and costs under FDCPA/FCCPA | Ris: requests $6,132.50 in fees and $455 in costs; counsel rate $275/hr; 22.3 hours billed | None asserted | Court found rate and 22.3 hours reasonable and awarded requested fees and costs |
Key Cases Cited
- Nishimatsu Const. Co. v. Houston Nat. Bank, 515 F.2d 1200 (5th Cir. 1975) (defaulting party deemed to admit well‑pleaded facts)
- Adolph Coors Co. v. Movement Against Racism and the Klan, 777 F.2d 1538 (11th Cir. 1985) (damages on default may be awarded if supported by record; liquidated sums can be awarded without hearing)
- Surtain v. Hamlin Terrace Foundation, 789 F.3d 1239 (11th Cir. 2015) (standard for entering default judgment explained)
- Lary v. Trinity Physician Fin. & Ins. Servs., 780 F.3d 1101 (11th Cir. 2015) (TCPA permits $500 statutory damages per violation)