David Schultz Analyzes in ARM Compliance Digest: Judge Grants Plaintiff’s Motion to Remand FDCPA Class Action Back to State Court
In The News | 1 min read
Nov 23, 2021
In the November 22, 2021 edition of the ARM Compliance Digest, Hinshaw partner David Schultz reports on a case in which a judge lowered the attorney’s fees awarded in a Fair Debt Collection Practices Act case by 50%, ruling that a "hyper-technical" violation of the statute that led a jury to award the plaintiff $200 in damages was fair and reasonable:
Saxerud v. T-H Professional & Medical Collections is an excellent example for valuing a case. First, the plaintiff claimed actual and statutory damages for a false statement about the credit reporting status. The jury awarded no actual damages and the judge commented that any such damages was highly unlikely. The jury then awarded only $200 in statutory damages. The verdict is thus a good indicator of the value for a relative technical violation.
Second, the judge’s ruling on the fees is great. He succinctly laid out the factors and then cut the fees by 50% (from about $30,000 down to $15,000). The reasons for the reductions hit on things we often see in defending similar cases: (1) damages were at most “modest, (2) the violation was technical, (3) it was a relatively simple matter, (4) Plaintiff’s counsel had extensive experience in consumer cases such that there should be efficiencies, (5) "over-lawyering" – the court found it was improper to have two experienced lawyers do a short trial, and (6) the lawyer billed for clerical work.
These rulings can be used with plaintiff’s counsel during negotiations and with a judge or mediator in a settlement conference.
Read the full November 22, 2021 edition of the AccountsRecovery.net Compliance Digest.
Related People
Related Capabilities
Related Locations
Featured Insights

Webinar
Apr 29, 2026
When a Cyber Breach Hits: Cybersecurity, Privacy, and Compliance

In The News
Apr 24, 2026
Michael Dowell Reviews New PBM Reform Reshaping Pharmacy Reimbursement

Lawyers for the Profession® Alert
Apr 21, 2026
When Does a Client’s Duty to Investigate Begin? Lessons from a Time-Barred Malpractice Case

Press Release
Apr 20, 2026
Tom Kuzmanovic Selected for BizTimes Milwaukee 2026 Notable Leaders in Law

Press Release
Apr 17, 2026
André Sesler Elected to the Board of Trustees of the University of Florida Law Center Association

Hinshaw Alert
Apr 17, 2026
Q&A: How to Submit Your IEEPA Refund Claim as CAPE Portal Launches April 20, 2026

In The News
Apr 14, 2026
Bloomberg Law Recaps Panels Presented at Hinshaw's 25th Anniversary LMRM Conference

In The News
Apr 14, 2026
Michael Dowell Discusses the Uncertain Impact of Growing Medicare Advantage Scrutiny

Privacy, Cyber & AI Decoded Alert
Apr 9, 2026
6 Key Takeaways From the IAPP 2026 Global Summit for Privacy Compliance Professionals




