RADOS v. GOLDBERG & PERETTI LLC et al

Filing 17

ORDER granting in part and denying in part 16 Motion for Default Judgment. Judgment is entered against Defendant in the amount of $200. Ordered by US DISTRICT JUDGE HUGH LAWSON on 9/15/15. (aks)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

CHAD RADOS,
Plaintiff,
Civil Action No. 7:14-CV-163 (HL)

v.
GOLDBERG & PERETTI, LLC and
DOES 1-10, inclusive,
Defendants.

ORDER
Before the Court is Plaintiff’s Motion for Default Judgment (Doc. 16)
against Defendant Goldberg & Peretti, LLC (“Goldberg”). Plaintiff asks the Court
to enter a default judgment against Goldberg, and requests statutory damages in
the amount of $1,000 pursuant to 15 U.S.C. § 1692k, the civil liability provision of
the Fair Debt Collection Practices Act (“FDCPA”).
An entry of default against a party causes all well-pleaded allegations of
fact against that party to be deemed admitted. See Buchanan v. Bowman, 820
F.2d 359, 361 (11th Cir. 1987). The Court must accept these facts as true and
determine whether they state a claim upon which relief may be granted. See
Chudasama v. Mazda Motor Corp., 123 F.3d 1353, 1370, n. 41 (11th Cir. 1987).
In his Motion for Default Judgment (Doc. 16), Plaintiff alleges that
Goldberg’s conduct violated 15 U.S.C. §§ 1692d–f. Accepting the facts alleged
in Plaintiff’s Complaint as true, the Court finds that Plaintiff has not stated a claim

upon which relief may be granted under Sections 1692d or 1692f.

Further,

Plaintiff’s argument that the facts alleged in the Complaint establish that
Goldberg lacked the intent to take legal action, as required by Section 1692e of
the FDCPA, is weak. As a result, the Court is unwilling to award the maximum
amount of statutory damages available under 15 U.S.C. § 1692k. The Court
finds that $100 per phone call made to Plaintiff’s fiancée is a more appropriate
measure of damages under the statute.
Pursuant to Plaintiff’s Motion and the submissions in support, judgment is
hereby entered against Defendant Goldberg & Peretti, LLC in the amount of $200
in statutory damages, pursuant to 15 U.S.C. § 1692k(a).
SO ORDERED, this the 15th day of September, 2015.
/s/ Hugh Lawson_________________
HUGH LAWSON, SENIOR JUDGE

les

2