BENCH: MCHUGH V. CHECK INVESTORS: $60,000 PLUS

[David A. Szwak]

McHugh v. Check Investors, Inc
Not Reported in F.Supp.2d, 2003 WL 21283288
W.D.Va.,2003.
May 21, 2003

For the reasons stated, judgment will be entered against Check Investors as follows: for $1398 on McHugh's FDCPA claim consisting of the following: (1) actual damages of $163; (2) statutory damages of $1000; and (3) costs and expenses of $235. The court also will award attorney's fees in the amount of $7795. Judgment will be entered against Check Investors for $25,163 on McHugh's intentional infliction of emotional distress claim consisting of the following: (1) actual damages (including emotional distress) of $10,163; and punitive damages of $15,000. Because each award also includes overlapping actual damages for certain out-of-pocket expenditures in the amount of $163, the total recovery will be adjusted to avoid a double recovery of that amount.