Burr Alert: Fifth Circuit Rejects Consumer’s “Outrageous” FDCPA Attorney’s Fee Request


The Fair Debt Collection Practices Act (“FDCPA”) provides that a consumer is entitled to “reasonable attorney’s fees” as part of a “successful” claim. See 15 U.S.C. § 1692k(a)(3). While courts have found that this provision mandates an award of attorney’s fees to a successful FDCPA consumer, the U.S. Court of Appeals for the Fifth Circuit recently held that even a successful plaintiff may be denied an award under “special circumstances” or for “outrageous” conduct. See Davis v. Credit Bureau of the South, No. 17-41136, 2018 WL 6009258 (5th Cir. Nov. 16, 2018).