Llera v. SECURITY CREDIT SYSTEMS, INC.

MEMORANDUM OPINION

CACHERIS, Senior District Judge. *

At issue is whether a plaintiff who was awarded a $100.00 statutory penalty, but no actual damages, for a defendant’s violation of the North Carolina fair debt collection statutes, can be considered a “prevailing party” and thereby entitled to attorney’s fees. For the reasons stated below, the Court finds that (1) the Plaintiff in this case is not a prevailing party and (2) even if the Plaintiff was a prevailing party, the Court would deny her request for attorney’s fees on other grounds.

I

Plaintiff, Marcie Llera, brought an action against…