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Palmer v. Stassinos

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


September 15, 2010

SUSANNE PALMER AND SHARON HAMMER PLAINTIFFS,
v.
PAUL R. STASSINOS, DEFENDANT.

The opinion of the court was delivered by: Hon. Ronald M. Whyte, Judge United States District Court

CLASS ACTION STIPULATED AMENDED JUDGMENT

Having considered the stipulation of the parties, the Stipulated Judgment previously entered on May 13, 2010, Docket No. 246, is amended to add reasonable attorney's fees and costs. An Amended Judgment is entered as follows:

1. By sending or causing to be sent to plaintiffs a collection letter on the letterhead of the creditor, defendant Paul R. Stassinos violated the Fair Debt Collection Practices Act, (FDCPA), 15 U.S.C. § 1692e(14).

2. By sending or causing to be sent to plaintiffs a collection letter seeking collection of prejudgment interest on a dishonored check, defendant Paul R. Stassinos violated the FDCPA, 15 U.S.C. § 1692f(1), since prejudgment interest on a dishonored check is not permitted by law.

3. For these violations of the FDCPA, each plaintiff is entitled to statutory damages of $1,000.00, pursuant to 15 U.S.C. § 1692k(a)(2)(A).

4. As the prevailing plaintiffs, herein, plaintiffs are entitled to their reasonable attorney's fees and costs, pursuant to 15 U.S.C. § 1692k(a)(3), in the amount of $85,000.

5. Therefore, judgment is entered for plaintiffs' Suzanne Palmer and Sharon Hammer and against defendants Paul Stassinos in the amount of $1,000 for each plaintiff, and jointly in the amount of $85,000 for their reasonable attorneys' fees and costs incurred in prosecuting this action. All other claims set forth in the Complaint against Defendant Paul R. Stassinos are dismissed with prejudice.

20100915

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