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Which areas of law provide for statutory damages or administrative fees?

Does anyone know which areas of law provide for statutory da ericcrapton07/06/18
TCPA, FDCPA, FCRA snowday7507/06/18
Fed ADA and I think state versions thereof have additional s wutwutwut07/06/18
My understanding is that while the ADA provides for fee shif onehell07/09/18
I do VA Court of Appeals cases, get your fees there if you w bigbossman07/08/18
Breach of contract cases. Nearly all contracts have a fee-sh onehell07/09/18
ericcrapton (Jul 6, 2018 - 11:38 am)

Does anyone know which areas of law provide for statutory damages (like copyright) or administrative fees (like disability, where you are paid by the agency)?

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snowday75 (Jul 6, 2018 - 11:40 am)

TCPA, FDCPA, FCRA

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wutwutwut (Jul 6, 2018 - 12:00 pm)

Fed ADA and I think state versions thereof have additional statutory damages.

Hire wheelchair-bound runner to go find you a few non-compliant buildings a day and shake them down.

Make a living and drain your soul while claiming to "help" people.

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onehell (Jul 9, 2018 - 3:09 pm)

My understanding is that while the ADA provides for fee shifting, it doesn't provide for damages to the plaintiff in public accommodation cases, meaning there isn't anything in it for the "career plaintiffs" who roll around town looking for ADA violations unless state law provides for such, which is why you see so many of the ADA private attorney general actions in places like California.

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bigbossman (Jul 8, 2018 - 10:09 pm)

I do VA Court of Appeals cases, get your fees there if you win. If all goes well the VA sends you a check!

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onehell (Jul 9, 2018 - 3:20 pm)

Breach of contract cases. Nearly all contracts have a fee-shifting clause buried in there somewhere and in my state, there's a state law that mandates fee shifting in almost all such cases even if the contract is silent. But of course, breach of contract is also not considered by insurance companies to be an insurable risk so collecting can be an issue.

Also, almost any litigation against the government (except for FTCA torts) can result in fee-shifting. s1983 civil rights cases are the most common example, but also most litigation against the feds has a broad fee-shifting provision under the equal access to justice act (EAJA). Some lawyers use this to get fee shifting when, for example, contesting administrative decisions judicially under the APA.

One good example of this is when social security disability cases get litigated beyond SSA itself all the way up to federal district court and beyond. At that point, winning means EAJA money which is a lot more than the stingy and limited contingent fees that SSA itself will authorize for just winning at the administrative level. Plus, admin-level SSA fees come out of the client's retro check, whereas EAJA money is a true fee-shifter against the government.

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