United States District Court, S.D. Ohio, Western Division
Michael R. Merz Magistrate Judge.
H. Rice Judge.
Motion for Default Judgment having been duly considered and
with good grounds having been shown and demonstrated in
relation thereto, the Court having been fully advised in the
matter finds as follows:
Court's Docket reflects an entry of default against
Defendant MARCELLUS HORTON. ECF 11.
Defendant MARCELLUS HORTON has failed to
file a proper motion, answer, or other defense of this matter
in the time required under the Civil Rules and are,
therefore, in default as provided in Civ. R. 55.
Court deems the failure of Defendant MARCELLUS
HORTON to answer and defend this matter to be a
confession of truth with respect to the allegations in the
Plaintiff is entitled to recover the relief prayed for in the
Complaint, including injunctive relief and damages, with
interest, costs, and attorney fees.
set forth in the Complaint, Plaintiff seeks injunctive
relief, actual and statutory damages, attorney fees, and
costs for violations of the CSPA (R.C. §1345.01 et
seq.), the Fair Debt Collection Practices Act, 15 U.S.C.
§1692 et seq., (the "FDCPA"), the TCPA (47
U.S.C. 227 et seq.), and state racketeering laws.
CSPA, O.R.C. § 1345.09(B), provides for statutory
damages of $200. Therefore, the Court awards judgment in the
amount of $200 in statutory CSPA damages.
FDCPA, 15 U.S.C. §1692k(a)(2), provides for statutory
damages of up to $1, 000. Therefore, the Court awards
judgment in the amount of $1, 000 in statutory FDCPA damages.
TCPA provides for statutory damages of $500 per unlawful
phone call, and $1, 500 per call if made knowingly. As Ms.
Smith demanded that the calls cease, the continued calls were
made knowingly. At least 40 calls were made. Therefore, the
Court awards judgment under the TCPA in the amount of $60,
Furthermore, under 15 U.S.C. §1692k(a)(1), O.R.C. §
1345.09(B), and O.R.C. §2923.34(A), Plaintiff is
entitled to compensation for non-economic injury, such as
annoyance, aggravation, embarrassment, depression, anxiety,
sleep deprivation, loss of appetite, and associated physical
ailments as claimed in the Complaint by Plaintiff. Under the
FDCPA and O.R.C. §2923.34(A), there is no cap to an
award for this category of damages. Under the CSPA, a
plaintiff may seek up to $5, 000 for this claim. Therefore,
the Court awards judgment in the amount of $5, 000 under the
FDCPA, the CSPA, and Ohio's racketeering
law, for damage to his reputation, emotional damage, and
associated physical ailments, including annoyance,
aggravation, embarrassment, depression, anxiety, sleep
deprivation, and loss of appetite.
Additionally, because O.R.C. §2923.34(E) provides for
recovery of treble actual damages and because the acts of
Defendant MARCELLUS HORTON in calling
Plaintiff with threats to extort monies were willful and
malicious, and conducted with utter disregard for the rights
of consumers in Ohio in general, and Ms. Smith in particular,
the Court awards treble/punitive damages in the amount of
$15, 000, which is three times the award for emotional and
Plaintiff is entitled to recover interest, costs, and
attorney fees pursuant to 15 U.S.C. §1692k(a)(3), O.R.C.
§1345.09(F), and O.R.C. §2923.34(F)&(G). As
such Defendant MARCELLUS HORTON is liable
for Attorney fees and costs. To date, Plaintiffs attorney has
spent 29.50 hours on this matter, and his billable rate is
$275 per hour. Therefore, the Court ...