Statutory Damages: Defining $1,000.00

[David A. Szwak]

The question arises as to what "not exceeding $1,000" refers. The Sixth and Eleventh Circuits rejected arguments by consumers that awards of statutory damages may be made per violation and have held that statutory damages of up to $1,000 were limited to each case. Harper v. Better Business Services, Inc., 961 F.2d 1561 (11th Cir. 1992); Wright v. Finance Service of Norwalk, Inc., 22 F.3d 647 (6th Cir. 1994). Other courts have held that up to $1,000 as statutory damages may be awarded to each plaintiff. Beattie v. D.M. Collections, Inc., 764 F.Supp. 925, 928 (U.S.D.C. Del. 1991); Venes v. Professional Service Bureau, 353 N.W.2d 671 (Minn.Ct.App. 1984).