Section 30 Attorney Fees
| Library | Consumer Law and Practice 2010 |
The successful consumer is entitled to an award of costs and reasonable attorney fees. 15 U.S.C. § 1692k(a)(3).
Given the structure of § 1692k(a)(3), attorney fees should not be construed as a special or discretionary remedy; rather, the FDCPA mandates an award of attorney fees as a means of fulfilling Congress's intent that the FDCPA should be enforced by debtors acting as private attorneys general. Graziano v. Harrison, 950 F.2d 107, 113 (3rd Cir. 1991). But see Johnson v. Eaton, 80 F.3d 148 (5th Cir...
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