Versteeg v. Bennett, DeLoney & Noyes, P.C
839 F. Supp. 2d 1238
D. Wyo.2011Background
- Plaintiff Versteeg sued BD&N and Bennett for FDCPA and TCPA violations.
- The court previously denied class certification; plaintiff proceeded on individual claims only.
- On March 10, 2011, Versteeg and DeLoney entered a release with prejudice, and the court granted summary judgment on the claims against BD&N and Bennett.
- Plaintiff then moved for statutory damages, attorney’s fees, and costs arising from the FDCPA and TCPA claims.
- Court found pervasive illegal conduct, awarding FDCPA statutory damages of $1,000 and TCPA statutory damages of $3,000, for total $4,000.
- Court awarded attorney’s fees totaling $20,960 (104.8 hours at $200/hour after disallowances) and costs of $531.75.]
- Conclusion: Motion granted for statutory damages, fees, and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FDCPA statutory damages amount | Versteeg seeks maximum statutory damages under §1692k(a)(2) | Not stated in the record | FDCPA statutory damages awarded: $1,000 |
| TCPA statutory damages amount | Plaintiff entitled to $1,000 under §227(b)(3) and possibly tripling | Not stated in the record | TCPA statutory damages awarded: $3,000 (tripled due to willful conduct) |
| Attorney’s fees—calculation via lodestar | Requests $250/hour and 148.8 hours | Not stated in the record | Court used $200/hour and 104.8 hours allowable, totaling $20,960 |
| Costs | Seeks $531.75 for filing and service | Not stated in the record | Costs awarded: $531.75 |
| Overall relief | Grant damages, fees, and costs as requested | Not stated in the record | Motion granted in full for damages, fees, and costs |
Key Cases Cited
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (lodestar methodology for reasonable fees)
- Anchando v. Anderson, Crenshaw & Associates, L.L.C., 616 F.3d 1098 (10th Cir. 2010) (lodestar approach recognized in FDCPA cases)
- Case v. Unified Sch. Dist. No. 233, 157 F.3d 1243 (10th Cir. 1998) (precedent on entitlement and documentation of fees)
- Lippoldt v. Cole, 468 F.3d 1204 (10th Cir. 2006) (guidance on determining reasonable market rates)