Hernandez v. Guglielmo

ORDER

LLOYD D. GEORGE, District Judge.

Defendant Guglielmo has filed a motion for partial summary judgment that as a matter of law plaintiffs and the purported class are not entitled to statutory damages pursuant to § 1692k(b)(2) of the Fair Debt Collection Practices Act (“FDCPA”) (# 83, opposition # 86, reply # 89). Title 15 United States Code section 1692k(a)(2)(B) provides that in a class action, the representative plaintiff of the class may be awarded “additional damages” up to $1,000, and that class members may be awarded “such amount as the court may allow ... without regard to a minimum…