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PostPosted: Tue Aug 01, 2006 2:28 am 
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McHugh v. Check Investors, Inc
Not Reported in F.Supp.2d, 2003 WL 21283288
W.D.Va.,2003.
May 21, 2003

McHugh's Actual Damages

The statute expressly entitles McHugh to her actual damages. § 1692k(a)(1). As part of her actual damages McHugh asks the court to award damages for emotional distress. The Fourth Circuit has not expressly decided whether § 1692k(a)(1) permits such a recovery, although it has noted that “stress resulting from false threats of suit has been recognized as a compensable injury in private suits under the FDCPA.â€


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