Simmonds & Narita, LLP

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Ninth Circuit affirms judgment for Simmonds & Narita’s law firm client, confirming that a plaintiff bears the burden of proving the defendant’s net worth in an FDCPA class action.

On August 20, 2018, the Ninth Circuit Court of Appeals issued  a ruling affirming a judgment in favor of a law firm represented by Simmonds & Narita.  In its decision, the court confirmed that where a plaintiff in an FDCPA class action seeks to recover statutory damages on behalf of a class, the plaintiff bears the burden of proving the net worth of the defendant.  See Tourgeman v. Nelson & Kennard, 900 F.3d 1105 (9th Cir. 2018).



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