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Showing 1 post in Federal Rules of Civil Procedure 68.

Seventh Circuit Awards Legal Costs and Implements a Major Reduction in Plaintiff's Requested Attorneys' Fees in a FCRA and FDCPA Claim

In Paz v. Portfolio Recovery Associates, a debtor sued for violations of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. Within a month of filing suit, the creditor invoked Rule 68 in making a formal offer to settle, and subsequently made two additional Rule 68 offers of judgment. The debtor never responded to these settlement offers, and later rejected a final offer to settle all claims, costs and attorneys' fees for $25,000. At trial, the debtor prevailed on both of his claims, but because the jury determined he had sustained no actual damages, his total recovery was limited to $1,000 in statutory damages. More ›

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