Rouse v. Law Offices of Rory Clark
Court of Appeals for the Ninth Circuit
1Opinion of the Court
GRAHAM, District Judge:
This appeal presents the issue of whether a prevailing defendant in a Fair Debt Collection Practices Act (the “FDCPA”) case can be awarded costs without a finding that the plaintiff brought the action in bad faith and for the purpose of harassment. The FDCPA’s provision on damages states in part: “On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney’s fees reasonable in relation to the work expended and costs.” 15 U.S.C. § 1692k(a)(3). The district court…
2Cases cited28 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Barnhart v. ThomasSupreme Court of the United States · 2003
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- City of Burlington v. DagueSupreme Court of the United States · 1992
- Staton v. Boeing Co.Court of Appeals for the Ninth Circuit · 2003
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3Cited by17 opinions
- Marx v. General Revenue Corp.Supreme Court of the United States · 2013
- Lyon v. Chase Bank USA, N.A.Court of Appeals for the Ninth Circuit · 2011
- Marx v. General Revenue Corp.Court of Appeals for the Tenth Circuit · 2011
- Taniguchi v. Kan Pacific Saipan, Ltd.Court of Appeals for the Ninth Circuit · 2011
- Marx v. General Revenue Corp.Supreme Court of the United States · 2013
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