Pre-Suit Fees Are Recoverable

When Can You Recover Them and How? Costs Under 28 USC 1920, Expert Witness Fees, and Other Non-Damage Awards;
Recoverable Costs Are Governed by 28 USC 1920 however Expert Witness Fees Are Not. There are various non-damage awards that you need to understand and how to seek them.
David A. Szwak

Pre-Suit Fees Are Recoverable

Postby David A. Szwak » Sun Nov 06, 2005 10:25 pm

Out-of-pocket expenses for attorney's fees incurred by a plaintiff prior to litigation of his FCRA claims; Thomas v. Trans Union Credit Information Co., 1992 Westlaw 280516, at *4 (U.S.D.C. N.D. Ill. 1992); Casella v. Equifax Credit Information Services, 56 F.3d 469, 474 (2d Cir. 1995) [N.Y.]

David A. Szwak

Reed v. Experian Rejects Claims for Pre-Suit Fees

Postby David A. Szwak » Fri Nov 11, 2005 2:42 pm

Reed v. Experian Information Solutions, Inc.
321 F.Supp.2d 1109

Pre-litigation attorneys' fees are not the sort of harm contemplated by the statute. While FCRA permits recovery of attorneys' fees and costs expended enforcing the Act, letters notifying CRAs and furnishers of a consumer's dispute are not expenses incurred enforcing the statute. See id. at 474. Because plaintiff has failed to show a violation, the fees were not expended to enforce FCRA.

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