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502 F. Supp. 301

Davis v. Collins

U.S. District Court

Decided November 13, 1980

U.S. District Court · decided 1980-11-13

Cited by 1 later decisions — most recently October 1981

Applies 15 U.S.C. § 1601 (§ 102 of the Truth in Lending Act) · 15 U.S.C. § 1640 (§ 130 of the Truth in Lending Act)

Good law ✅— No negative treatment on recordhow we know

Decided 1980-11-13

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¶1MEMORANDUM

NANGLE, District Judge.

¶2This case is now before the Court after a hearing on plaintiff’s damages. Default was previously entered against defendant and the above hearing was held, after notice to defendant, on November 10, 1980, pursuant to Rule 55(b)(2), Federal Rules of Civil Procedure. The evidence concerning plaintiff’s damages showed the following:

¶3Plaintiff brought this action pursuant to the Truth-In-Lending Act (the “Act”), 15 U.S.C. § 1601 et seq., and the accompanying Regulation Z, 12 C.F.R. § 226 et seq. Under the Act, plaintiff is entitled to actual damages, statutory damages of twice the amount of the finance charge with a minimum recovery of one hundred dollars ($100.00) and a maximum recovery of one *302thousand dollars ($1,000.00), costs and attorneys’ fees. 15 U.S.C. § 1640(a).

¶4Plaintiff suffered no actual damages in this case. Plaintiff paid no finance charge in connection with the transaction involved herein; rather, he paid an exorbitantly high purchase price for the goods involved. Plaintiff is therefore entitled to the minimum statutory damages of one hundred dollars ($100.00).

¶5Reasonable attorneys’ fees for the work of plaintiff’s attorneys herein are one thousand seven hundred dollars ($1,700.00). Judgment will be entered accordingly.

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