In a recent United States District Court ruling for the Middle District of Florida, Campos v. Williams Rush & Associates, LLC, Plaintiff Felix Campos’s motion for default judgment against Defendant Williams Rush & Associates, LLC was granted. The case, centered on alleged violations of the Fair Debt Collection Practices Act (FDCPA), highlights key aspects of debt collection practices and legal recourse for consumers.
Felix Campos filed a complaint against Williams Rush & Associates, LLC under the FDCPA, which aims to protect consumers from abusive debt collection practices. The issue arose on February 22, 2024, when the Defendant texted Mr. Campos seeking to collect a consumer debt. Mr. Campos responded that he could not pay, but Defendant persisted by suggesting a partial payment plan the following day, which Mr. Campos claimed violated the FDCPA.
Mr. Campos filed his complaint on February 25, 2024, and properly served the Defendant on March 5, 2024. After the Defendant failed to respond or appear in court, Mr. Campos moved for a Clerk’s Default, which was granted on April 22, 2024. Subsequently, Mr. Campos sought a default judgment on May 3, 2024.
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The court determined that there was a sufficient basis in the pleadings to grant a default judgment. According to the FDCPA, if a consumer informs a debt collector in writing that they refuse to pay a debt, the collector must cease communication except under specific circumstances. The court inferred that Mr. Campos’s text message constituted a written refusal under the law, making the Defendant’s continued attempts to collect a violation.
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The court found the Defendant liable for violating the FDCPA. However, when it came to damages, Mr. Campos’s request for the maximum statutory damages of $1,000 was not fully supported. The court awarded $500, half of the maximum allowable statutory damages. Furthermore, the court found Mr. Campos’s request for attorneys’ fees and costs inadequately supported and required additional detailed documentation to assess the reasonableness of the claimed fees.
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The court granted Mr. Campos’ motion for default judgment and required him to provide more detailed information regarding attorney’s fees and costs within 20 days. This case underscores the importance of adhering to debt collection regulations and the potential consequences of violations under the FDCPA. It also highlights the necessity for thorough documentation when seeking compensation for legal fees.
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If you are facing aggressive or unlawful debt collection practices, knowing your rights and acting is crucial. Diwan Law protects consumers from abusive debt collection tactics and ensures that collectors comply with the FDCPA. Our experienced attorneys can provide the legal support you need to fight back and secure the compensation you deserve.
Don’t let debt collectors violate your rights. Contact Diwan Law today for a consultation and learn how we can help you fight unfair debt collection practices.
* The information presented in this article does not constitute legal advice. All information, content, and materials presented on this website are for general informational purposes only. If you are being sued, we encourage you to contact Diwan Law before taking any action.
The case involves Brock & Scott’s attempt to collect two debts owed by the Plaintiff to Navy Federal Credit Union. Brock & Scott sent letters to the Plaintiff on March 2, 2023, regarding these debts, providing instructions on disputing them. Subsequently, on April 10, 2023, the Plaintiff responded, refusing to pay the debts due to financial constraints. Further correspondence followed, with the Plaintiff disputing one of the accounts and requesting validation of both debts.
If you’re facing a situation that involves a consumer transaction and you feel that the company is taking advantage of you, call Diwan Law. Diwan law represents clients with credit issues.
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