2nd Circ. Affirms Attys' Fee Award In FDCPA Suit

Law360, New York (November 19, 2013, 6:26 PM EST) -- The Second Circuit said Tuesday that defendants could be liable for additional attorneys’ fees when they propose settlements that don’t include offers of final judgment because such an offer would not fully resolve the dispute between the parties and further litigation would be conceivable.

The dispute arose when Joel Cabala accused attorney Benjamin Morris, who was acting as a debt collector, of violating the Fair Debt Collection Practices Act by falsely telling him that a company had purchased Cabala’s disputed First USA Bank account. After an...
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