It is currently Wed Jun 03, 2020 12:32 am

All times are UTC




Post new topic Reply to topic  [ 1 post ] 
Author Message
PostPosted: Sat Sep 23, 2006 6:25 am 
Offline
Site Admin

Joined: Fri Jul 14, 2006 6:19 am
Posts: 1687
Some courts extend recovery over the cap and allow recovery of attorneys’ fees beyond the FTC Holder Rule cap. It seems to be a better rule that the creditor's liability for the consumer's attorney fees should not be capped by the creditor's maximum liability for seller-related claims. The purpose of attorney fees are to encourage settlement, make it economically feasible for consumers to bring small claims, and to discourage sellers and creditors from using their superior legal resources to wear down the consumer. All of these purposes would be thwarted if attorney's fees were lumped in with the recovery on the merits and capped at the amount of the creditor's maximum liability. Alduridi v. Community Trust Bank, N.A., 1999 WestLaw 969644 [Tenn. Ct. App. 1999].

_________________
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 1 post ] 

All times are UTC


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
cron
Powered by phpBB® Forum Software © phpBB Group