FDCPA Case Awards Attorney Fees to Collector

The United States District Court for the Eastern District of Washington awarded attorney fees and costs to a debt collector for defending an FDCPA case; a case in which the Court determined the consumer brought in bad faith.

Summary judgment was granted for defendant, Suttell and Hammer, PS (Suttell), a debt collection law firm. Suttell sent a collection letter to Alyssa Vougas to collect a $14,968.09, unpaid balance on an American Express credit card account. Vougas filed an FDCPA claim alleging the letter misrepresented the amount of the debt because the letter was silent as to interest or fees. The court found that there is no affirmative duty for a debt collector to disclose that interest is not accruing. Citing lack of good faith, the court awarded attorney fees and costs to Suttell under section 1692k(a)(3) of the FDCPA. Vougas v. Suttell and Hammer, PS, No. 2:18-cv-331 (E.D. Wash. Sept. 3, 2019)

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