Award For Discovery Violation Not Successful Outcome Supporting Attorneys’ Fees

A plaintiff who brings a “successful action to enforce” liability under the Fair Debt Collection Practices Act is entitled to an award of attorneys’ fees. But sometimes the question is how one defines success.

In Dechert v. Cadle Co., No. 04-4213 (7th Cir. Mar. 16, 2006), the district court awarded $1,000 to plaintiff for discovery violations by the defendant, but then the plaintiff abandoned his statutory claims under the FDCPA. Ultimately, the district court awarded $60,000 in attorneys’ fees and the defendant appealed.

The appellate court revered the fee award, finding that the FDCPA claim on the merits was never proven and nothing was awarded under plaintiffs’ substantive claim. The award of a discovery sanction was insufficient to support characterizing the case as a “successful action” under the statute and trigger fee-shifting.