BARCEY v. FAMILY VIDEO MOVIE CLUB, INC.

Case No. 13-10242.

TODD BARCEY, Plaintiff, v. FAMILY VIDEO MOVIE CLUB, INC.

United States District Court, E.D. Michigan, Northern Division.

June 27, 2013.


Attorney(s) appearing for the Case

Todd Barcey, Plaintiff, represented by Ian B. Lyngklip , Lyngklip Assoc Consumer Law Center, PLC & Julie A. Petrik , Lyngklip Assoc Consumer Law Center.

Family Video Movie Club Inc, Defendant, represented by Joel C. Griswold , Baker & Hostetler, LLP, John A. Decker , Braun, Kendrick, & Todd H. Lebowitz , Baker Hostetler.


OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS

THOMAS L. LUDINGTON, District Judge.

A consumer who establishes a willful violation of the Fair and Accurate Credit Transactions Act is entitled to statutory damages up to $1,000 plus "the costs of the action together with reasonable attorney's fees as determined by the court." 15 U.S.C. § 1681n(a)(1)(A)(3.)

Here, the defendant has tendered to the plaintiff a check for $1,500. The question...

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