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ROUSE v. LAW OFFICES OF RORY CLARK

No. 09-55146.

603 F.3d 699 (2010)

Martin D. ROUSE, Jr., Plaintiff-Appellant, v. LAW OFFICES OF RORY CLARK; Rory William Clark; Jan Shapiro; Worldwide Asset Purchasing, LLP, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 3, 2010.

Attorney(s) appearing for the Case

Ian Chowdhury, Law Office of Ian Chowdhury, Winnetka, CA, for the plaintiff-appellant.

Mark E. Ellis and June D. Coleman, Ellis, Coleman, Poirier, LaVoie & Steinheimer, LLP, Sacramento, CA, for the defendants-appellees.

Before: HARRY PREGERSON and ROBERT R. BEEZER, Circuit Judges, and JAMES L. GRAHAM, District Judge.

GRAHAM, District Judge:

This appeal presents the issue of whether a prevailing defendant in a Fair Debt Collection Practices Act (the "FDCPA") case can be awarded costs without a finding that the plaintiff brought the action in bad faith and for the purpose of harassment. The FDCPA's provision on damages states in part: "On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the...

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