Unknown, 80 F.3d 148. · Go Syfert
Unknown, 80 F.3d 148. Cases Citing This Book View Copy Cite
“attorney's fees . . . are only available where the plaintiff has succeeded in establishing that the defendant is liable for actual and/or additional damages"; this reading "will deter suits brought only as a means of generating attorney's fees”
67 citation events (39 in the last 25 years) across 26 distinct courts.
Strongest positive: Howard v. T-H Professional and Medical Collections, LTD. (ilsd, 2021-03-15) · Strongest negative: Obenauf v. Frontier Financial Group, Inc. (nmd, 2011-05-19)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 30 distinct citers.
discussed Cited "but see" Obenauf v. Frontier Financial Group, Inc. (2×) also: Cited as authority (rule)
D.N.M. · 2011 · signal: but see · confidence high
But see Johnson v. Eaton, 80 F.3d at 151-52 (holding that district court’s decision to award no attorney’s fees to a plaintiff who prevailed in FDCPA action was proper where plaintiff proved only a technical violation of the Act with no award). 7 *1217 The Fourth Circuit has addressed what attorneys’ fees were reasonable when a plaintiff obtained a small award in a FDCPA case.
discussed Cited "but see" Joyce A. Zagorski and Laura Velasquez v. Midwest Billing Services, Incorporated, Arthur Eklund, and William O. Eklund, 1 No. 97-1677
7th Cir. · 1997 · signal: but see · confidence high
But see Johnson v. Eaton, 80 F.3d 148, 151-52 (5th Cir.1996) (holding that district court's decision to award no attorney's fees to plaintiff who prevailed in FDCPA action was proper where plaintiff proved only a technical violation of the Act).
cited Cited as authority (rule) Howard v. T-H Professional and Medical Collections, LTD.
S.D. Ill. · 2021 · confidence medium
Johnson v. Eaton, 80 F.3d 148, 152 (5th Cir. 1992); Boerner v. LVNV Funding, Inc., 358 F. Supp.3d 767, 781 (E.D.
discussed Cited as authority (rule) Morales v. The Rausch Group & Associates LLC
N.D. Tex. · 2020 · confidence medium
If a plaintiff “fail[s] to enforce any liability for actual or additional damages against [a defendant],” then he “does not meet the explicit requirement of § 1692k(a)(3),” which requires he “bring a successful action to enforce the foregoing liability, in order to receive attorneys’ fees and costs.” Johnson v. Eaton, 80 F.3d 148, 151 (5th Cir. 1996) (quotation marks omitted).
discussed Cited as authority (rule) Caldera v. RMA Recovery Group LLC
W.D. Tex. · 2020 · confidence medium
Attorney’s fees, however, are not mandatory and may be denied in “special circumstances.” Davis v. Credit Bureau of the S., 908 F.3d 972, 977 (5th Cir. 2018) (“special circumstances” justified denial of attorney’s fees where plaintiff and her counsel engaged in bad faith conduct); Johnson v. Eaton, 80 F.3d 148, 151 (5th Cir. 1996) (denying attorney’s fees where plaintiff only demonstrated a technical FDCPA violation; she didn’t prove actual damages and wasn’t awarded statutory damages). seeking fees has the burden to show the reasonableness of the hours billed and the exercis…
discussed Cited as authority (rule) Bezner v. Poehler
N.D. Tex. · 2020 · confidence medium
See Von Clark, 916 F.2d at 258 (citing Hensley v. Eckerhart, 461 U.S. 424, 433 (1983)); Johnson v. Eaton, 80 F.3d 148, 152 (5th Cir. 1996) (remanding an FDCPA attorney’s fee award for failure to prove a successful claim as to one defendant, and directing the district court on remand to reduce the award of fees against the second defendant to the extent that any were attributable to preparation of the case against the first defendant); see also 15 U.S.C. § 1692k(a)(2)(3) (stating debt collectors who violate the FDCPA are liable “in the case of any successful action” for “the costs of t…
cited Cited as authority (rule) United States v. Martin Malta
5th Cir. · 2014 · confidence medium
United States v. Flanagan, 80 F.3d 148, 146-47 (5th Cir.1996).
examined Cited as authority (rule) Scroggin v. Credit Bureau of Jonesboro, Inc. (3×) also: Cited "see, e.g."
E.D. Ark. · 2013 · signal: cf. · confidence medium
Cf. Johnson, 80 F.3d at 153 (separate defendant not a prevailing defendant for purposes of attorney’s fees under 15 U.S.C. § 1692k(a)(3) for suit alleged to have been brought in bad faith where separate defendant “violated two provisions of the FDCPA and cannot be said to have prevailed in any sense other than the fact that she avoided a monetary judgement”).
discussed Cited as authority (rule) Fagan v. Lawrence Nathan Associates, Inc. (2×) also: Cited "see"
E.D. La. · 2013 · confidence medium
Johnson v. Eaton, 80 F.3d 148, 150 (5th Cir.1996)(citing 15 U.S.C. § 1692k). .
discussed Cited as authority (rule) Heritage Pacific v. Monroy
Cal. Ct. App. · 2013 · confidence medium
(See, e.g., Zagorski v. Midwest Billing Services, Inc. (7th Cir. 1997) 128 F.3d 1164, 1166 [remanding to the district court to determine reasonable attorney fees in a FDCPA case and instructing the court to use as a guide the methodology ―traditionally 31 employed in determining appropriate fees‖ under title 42 United States Code section 1988 ]; Johnson v. Eaton (5th Cir. 1996) 80 F.3d 148, 151 [plaintiff awarded no actual or statutory damages and the mere technical violation of the FDCPA was not sufficient to support an award of attorney fees]; Tolentino v. Friedman (7th Cir. 1995) 46 F.3…
discussed Cited as authority (rule) Heritage Pacific Financial v. Monroy CA1/2
Cal. Ct. App. · 2013 · confidence medium
(See, e.g., Zagorski v. Midwest Billing Services, Inc. (7th Cir. 1997) 128 F.3d 1164, 1166 [remanding to the district court to determine reasonable attorney fees in an FDCPA case and instructing the court to use as a guide the methodology “traditionally employed in determining appropriate fees” under 42 U.S.C. § 1988 ]; Johnson v. Eaton (5th Cir. 1996) 80 F.3d 148, 151 [plaintiff awarded no actual or statutory damages and the mere technical violation of the FDCPA was not sufficient to support an award of attorney fees]; Tolentino v. Friedman (7th Cir. 1995) 46 F.3d 645, 651 .) Although co…
discussed Cited as authority (rule) Minnifield v. Johnson & Freedman Ii, LLC
11th Cir. · 2011 · confidence medium
Johnson v. Eaton, 80 F.3d 148, 152 (5th Cir.1996) (noting that the FDCPA not only requires that the debt collector compensate the debtor for any monetary damages, but also for “emotional *917 distress or other injury that the debtors can prove the debt collector caused.”).
discussed Cited as authority (rule) Pietrowski v. Merchants & Medical Credit Corp. (2×)
E.D. Mich. · 2008 · confidence medium
See e.g., Dechert v. Ca-dle Co. 441 F.3d 474, 476 (7th Cir.2006) (holding that a plaintiff can recover attorney’s fees and costs only after an award of actual or statutory damages); Johnson v. Eaton, 80 F.3d 148, 151 (5th Cir.1996) (holding that an award of costs and fees is available only where defendant is liable for actual or additional damages); but see Emanuel v. American Credit Exchange, 870 F.2d 805, 809 (2d Cir.1989) (holding that although debtor was not entitled to actual or additional damages, he was still entitled to costs and fees because defendant violated the FDCPA); Pipiles v.…
discussed Cited as authority (rule) Kathleen Thornton v. Wolpoff & Abramson, L.L.P.
11th Cir. · 2008 · confidence medium
Wolpoff cites a Fifth Circuit decision, Johnson v. Eaton, which held that a plaintiff to whom a jury awarded no damages “did not meet the explicit requirement of section 1692k(a)(3) that she bring a ‘successful action to enforce the foregoing liability,’ in order to receive attorney’s fees and costs.” 80 F.3d 148, 151 (5th Cir.1996).
discussed Cited as authority (rule) Llera v. SECURITY CREDIT SYSTEMS, INC.
W.D.N.C. · 2000 · confidence medium
See, e.g., Farrar v. Hobby, 506 U.S. 103, 111 , 113 S.Ct. 566 , 121 L.Ed.2d 494 (1992) (stating that civil rights plaintiff need only “obtain at least some relief on the merits of his claim” to be a “prevailing party” under 42 U.S.C. § 1988 ); Johnson v. Eaton, 80 F.3d 148, 150-51 (5th Cir.1996) (stating attorney’s fees are available under Fair Debt Collection Act (“FDCA”), 15 U.S.C. § 1692k(3), for a plaintiff bringing a “successful action” — which is satisfied if either actual damages or additional damages are awarded).
discussed Cited as authority (rule) Shaw v. Toshiba America Information Systems, Inc.
E.D. Tex. · 2000 · confidence medium
As the United States Supreme Court has consistently maintained, as the Fifth Circuit has repeatedly held, and as this Court has previously written, “ ‘the most critical factor in determining the reasonableness of a fee award is the degree of success obtained.’ In an action such as this one, ‘[w]here recovery of private damages is the purpose, ... consideration to the amount of damages awarded as compared to the amount sought’ represents the primary means to evaluate that concern.” Dugas v. Jefferson County, Texas, 1996 WL 926153 *1 (E.D.Tex.1996) (quoting Farrar v. Hobby, 506 U.S. …
cited Cited as authority (rule) Skidmore v. Precision Printing & Packaging, Inc.
5th Cir. · 1999 · confidence medium
See Farrar v. Hobby, 506 U.S. 103, 115 , 113 S.Ct. 566, 575 , 121 L.Ed.2d 494 (1992); Johnson v. Eaton, 80 F.3d 148, 152 (5th Cir.1996).
discussed Cited as authority (rule) Scott v. Universal Fidelity Corp.
N.D. Ill. · 1999 · confidence medium
The Kobs Court cited Johnson v. Eaton, 80 F.3d 148, 151-52 (5th Cir.1996), in which the Fifth Circuit considered additional statutory damages under the FDCPA “punitive in nature.” Kobs, 134 F.3d 893, 897 .
discussed Cited as authority (rule) Tunison v. Continental Airlines Corp.
D.C. Cir. · 1998 · signal: cf. · confidence medium
Cf. Johnson v. Eaton, 80 F.3d 148, 150 (5th Cir.1996) (where plaintiff demonstrated a violation of the Fair Debt Collection Practices Act but did not prove damages, she was not entitled to attorneys’ fees under the statute which required a “successful action to enforce the [claimed] liability”); PH Group Ltd. v. Birch, 985 F.2d 649, 652 (1st Cir.1993) (where jury found that defendant breached implied covenant of good faith and fair dealing but awarded plaintiff zero damages, plaintiff was not a “prevailing party” entitled to attorneys’ fees under agreement between licensor and lice…
discussed Cited as authority (rule) Johnson v. Eaton
M.D. La. · 1997 · confidence medium
On appeal, the Fifth Circuit reversed the award of attorney’s fees against White and remanded the award of attorney’s fees against Eaton “for the exclusion of fees, if any, attributable solely to the preparation of the case against White.” Johnson v. Eaton, 80 F.3d 148, 152 (5th Cir.1996).
discussed Cited as authority (rule) Cyiark v. City of Houston
S.D. Tex. · 1996 · confidence medium
Farrar, 113 S.Ct. at 575 , 506 U.S. at 114-16 ; Johnson v. Eaton, 80 F.3d 148,152 (5th Cir.1996); Louisiana Power, 50 F.3d at 331 ; TK’s Video, 24 F.3d at 712 ; Heath v. Brown, 807 F.2d 1229, 1232 , 1234 & n. 8 (5th Cir.1987).
discussed Cited "see" Rolando Serna v. Law Office of Joseph Onwuteaka, e
5th Cir. · 2015 · signal: see · confidence high
See Johnson v. Eaton, 80 F.3d 148, 151 (5th Cir.1996) (“The language of the statute places explicit conditions on ... attorney’s fees[,] which are only available where the plaintiff has succeeded in establishing that the defendant is liable for actual and/or additional damages.” (emphasis added)). 14 Moreover, insofar as this or any of Onwuteaka’s other challenges can be interpreted as advocating further adjustments to the lodestar, we note that the district court- considered all relevant Johnson factors — e.g., the attorney’s skill, the customary fee in the community, the amount i…
discussed Cited "see" Moore v. Frazier
5th Cir. · 2002 · signal: see · confidence high
See Johnson v. Eaton, 80 F.3d 148, 153 (5th Cir. 1996) (holding that defendant was not “prevailing” and therefore not entitled to attorney’s fees pursuant to 15 U.S.C. § 1692k(a)(3) where the jury found him liable but awarded no damages).
cited Cited "see" Bumgardner v. Lite Cellular, Inc.
E.D. Va. · 1998 · signal: see · confidence high
See Johnson, 80 F.3d at 151 .
cited Cited "see" Ron Kobs and Stacie Kobs v. Arrow Service Bureau, Inc.
7th Cir. · 1998 · signal: see · confidence high
See Johnson v. Eaton, 80 F.3d 148, 151-152 (5th Cir.1996) (court considered additional statutory damages under the FDCPA punitive in nature).
cited Cited "see" McKenzie v. E.A. Uffman & Associates, Inc.
M.D. La. · 1996 · signal: see · confidence high
See, Johnson v. Eaton, 873 F.Supp. 1019, 1022 (MD La.1995) (citing cases), reversed in part on other grounds, 80 F.3d 148 (5th Cir.1996).
discussed Cited "see, e.g." McDermott v. Marcus, Errico, Emmer & Brooks, P.C.
D. Mass. · 2012 · signal: see also · confidence medium
See 15 U.S.C. § 1692k(a)(1) (allowing award of “actual damage[s] sustained by [the plaintiff] as a result of’ the debt collector’s failure “to comply with any provision” of the FDCPA) (emphasis added); see also Johnson v. Eaton, 80 F.3d 148, 152 (5th Cir.1996) (section 1692k requires debt collector to compensate debtor “for any monetary damage, emotional distress or other injury that the debtor can prove the debt collector caused”).
discussed Cited "see, e.g." Nagle v. Experian Information Solutions, Inc.
11th Cir. · 2002 · signal: compare · confidence low
Compare Johnson v. Eaton, 80 F.3d 148 (5th Cir.1996) (holding that because Johnson failed to enforce liability for damages, she had not brought a "successful action” under the statute and was not entitled to attorneys' fees) with Graziano v. Harrison, 950 F.2d 107 (3d Cir.1991); Emanuel v. Am.
discussed Cited "see, e.g." Logan v. Marks
Pa. Super. Ct. · 1997 · signal: see also · confidence medium
See also Johnson v. Eaton, 80 F.3d 148, 152 (5th Cir.1996)($500 judgment sufficient to require counsel fee under Farrar); Loggins, supra. Therefore, it was error for the trial court to conclude that Logan’s attorney secured only a technical victory for purposes of applying Farrar.
discussed Cited "see, e.g." O'CONNOR v. Check Rite, Ltd.
D. Colo. · 1997 · signal: compare · confidence medium
Compare Johnson v. Eaton, 80 F.3d 148, 151 (5th Cir.1996) (plaintiff must receive actual and/or additional damages to get attorney fees and costs) with Emanuel v. American Credit Exch., 870 F.2d 805 , 809 *1021 (2d Cir.1989) (plaintiff is entitled to attorney fees and costs if he proved violation of FDCPA even if he had proven no actual damages and received no additional damages).
W. EUGENE DAVIS, Circuit Judge:

Defendants Eaton and White assert that the district court erred by (1) awarding “additional” damages under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692k, where no actual damages were found, (2) requiring White to pay plaintiff Johnson’s attorney’s fees and costs even though no damages were assessed against her, (3) awarding an unreasonably high attorney’s fee in light of the nominal damages received by Johnson and (4) failing to assess attorney’s fees against Johnson because Johnson brought the action in bad faith. We AFFIRM in part, REVERSE in part and REMAND.

I.

Ruth Johnson purchased furniture on credit from Kornmeyer’s Furniture Company. When she defaulted on payment, Korn-meyer’s enlisted the help of attorney Greg Eaton to collect the remaining principal balance — approximately $3,500. Through his legal assistant, Kay White, Eaton sent a demand letter to Johnson in March 1993. Eaton also sent Johnson a second letter that included a questionnaire and a proposed consent judgment.

On December 16, 1993, Johnson filed a complaint against Eaton and White in district court. She alleged that the two letters violated various provisions of the Fair Debt Collection Practices Act (the “FDCPA”), 15 U.S.C. §§ 1692-1692o. Johnson alleged that[*150] the two letters caused her actual damages and injury, including stress, humiliation, extreme mental anguish and suffering, and emotional distress, and that, therefore, Eaton and White were liable for actual and additional damages, as well as attorney’s fees and costs under § 1692k(a).

The district court denied a motion for summary judgment filed by Eaton and White on the issue of their status as debt collectors under the FDCPA. The district court granted Johnson’s motion for partial summary judgment, finding that Eaton had violated four provisions of the FDCPA and White had violated two provisions, [1] and reserved the issue of damages for determination by the jury. The pretrial order noted a stipulation by Johnson that she had suffered no actual damages as a result of receiving the demand letter — the only communication to which White was a party.

A jury trial was held on March 8, 1995. The jury returned a verdict finding that the conduct of Eaton was not a legal cause of any actual damage to Johnson. The jury further determined that Johnson was not entitled to an award of additional damages against White, but that she was entitled to additional damages against Eaton in the amount of $125 for each of his violations — a total of $500.

After the verdict, Eaton and White moved for attorney’s fees and costs under § 1692k(a)(3), claiming that Johnson brought this action in bad faith and for the purpose of harassment. The district court denied all of defendants’ post-trial motions. After reducing the number of hours claimed by Johnson’s attorney from 146.3 to 106.3, the district court granted Johnson attorney’s fees in the amount of $10,830 and costs in the amount of $556.56, to be assessed against both defendants. Johnson v. Eaton, 884 F.Supp. 1068, 1073 (M.D.La.1995). This appeal followed.

II.

Eaton and White argue first that the court erred by allowing the jury to award “additional” damages under the FDCPA in the absence of a finding that the plaintiff suffered actual damage. We do not decide this issue because neither defendant preserved this issue for appeal by objecting to the jury charge. See Fed.R.Civ.P. 51 (“No party may assign as error the giving or the failure to give an instruction unless that party objects thereto before the jury retires to consider its verdict_”).

III.

White next complains that she should not be liable to Johnson for attorney’s fees and costs because Johnson won no damages from her. According to White, a judgment without damages is not a “successful” action which would support the award of attorney’s fees under the FDCPA. Johnson responds that she won a partial summary judgment stating that White had violated the FDCPA in two instances and that this success entitles her to attorney’s fees.

The relevant portion of the FDCPA reads:

Amount of damages
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchap-ter with respect to any person is liable to such person in an amount equal to the sum of—
(1) any actual damage sustained by such person as a result of such failure;
(2)(A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or
(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney’s fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose[*151] of harassment, the court may award to the defendant attorney’s fees reasonable in relation to the work expended and costs.

15 U.S.C. § 1692k (emphasis added).

Johnson demonstrated that White had violated the FDCPA but failed to enforce any liability for actual or additional damages against White. As a result, Johnson does not meet the explicit requirement of § 1692k(a)(3) that she bring a “successful action to enforce the foregoing liability,” in order to receive attorney’s fees and costs. Johnson’s argument that her success in establishing that White violated the FDCPA is enough ignores the plain language of the FDCPA.

Johnson responds by citing cases from other circuits which allowed attorney’s fees even though plaintiffs failed to prove actual or additional damages or received only nominal damages. See Emanuel v. American Credit Exchange, 870 F.2d 805, 809 (2d Cir.1989); Graziano v. Harrison, 950 F.2d 107 (3d Cir.1991). In Emanuel, the Second Circuit, noted that the plaintiff had proven no actual damages and was not entitled to any additional damages and then stated “... Emanuel should be awarded costs and attorney’s fees; the statute mandates such an award ‘in the case of any successful action.’ ” 870 F.2d at 809. The court found that any plaintiff who proves a violation of the FDCPA is “successful” even if that plaintiff is unable to prevail on his claims for actual and additional damages and fails to prove an essential element of a claim for damages: injury. This approach takes the language of the statute out of context and fails to give any meaning to the limiting phrase “to enforce the foregoing liability.”

In Graziano, the Third Circuit found an additional violation of the FDCPA and reversed an award of nominal damages for reconsideration in light of the additional violation. It then noted that the district court had declined to award any attorney’s fees and stated “[bjecause we have determined that Graziano has demonstrated two violations of the Act, rather than the one identified by the district court, we vacate the denial of attorney’s fees and remand for reconsideration.” In dicta, the court then interpreted the FDCPA as requiring that any debt collector who violates the act is liable for (1) actual damages (2) additional damages and (3) attorney’s fees. The court reasoned that the structure of § 1692k(a) suggested that any violation of the Act makes the offender hable for all three of these items. However, the court, by focusing exclusively on the structure of § 1692k(a) failed to give meaning to the language in § 1692k(a)(3) which requires success in enforcing liability for actual or additional damages before a plaintiff may be cast for attorney’s fees. A more plausible reading of the FDCPA which accounts for the statute’s structure and its language is that the most a plaintiff can win is actual damages, additional damages and attorney’s fees and costs. However, this does not mean that every time a violation occurs, a plaintiff will win all three. The language of the statute places explicit conditions on an award of additional damages which must be approved by the court and attorney’s fees which are only available where the plaintiff has succeeded in establishing that the defendant is liable for actual and/or additional damages.

Also, our reading of the statute will not frustrate the objectives Congress sought to achieve in enacting the FDCPA. Reading the FDCPA as requiring attorney’s fees to be paid in actions where the plaintiff fails to prove damages, rewards lawyers for bringing suits to stop behavior that, by definition, has caused legal injury to no one. Our interpretation of the statute will require attorneys to look for more than a technical violation of the FDCPA before bringing suit and will deter suits brought only as a means of generating attorney’s fees.

Concerns that this decision will allow debt collectors to disregard the rights of debtors ignore two important facts: (1) debt collectors do not know which of their targets will be injured by their actions and thus able to obtain attorney’s fees and (2) the FDCPA as we read it today is adequate to deter debt collectors from choosing to violate it. Under our interpretation of the statute, the FDCPA will still punish errant debt collectors in ex[*152] cess of the legal injury they impose on debtors. It does this by mandating that the debt collector not only compensate the debtor fully for any monetary damage, emotional distress or other injury that the debtor can prove the debt collector caused but also by allowing courts to assess additional, punitive damages and requiring the debt collector to pay the debtor’s attorney’s fees in addition to his own attorney’s fees. We believe it entirely reasonable to assume that Congress considered risk of such punishment adequate to deter economic actors such as debt collectors from violating the act intentionally.

Language in the Supreme Court decision Farrar v. Hobby, 506 U.S. 103, 120, 113 S.Ct. 566, 578, 121 L.Ed.2d 494 (1992), also supports our decision. In Farrar, a civil rights action brought under 42 U.S.C. § 1983, the plaintiff alleged $17 million in damages. The jury found that Farrar’s civil rights had been violated but awarded him only $1 in damages. The Supreme Court reversed the Fifth Circuit’s holding that Farrar was not a prevailing party under § 1988 but affirmed the Fifth Circuit’s conclusion that the district court abused its discretion in awarding attorney’s fees to Farrar. Specifically, the Court noted that one of the elements of a civil rights suit for damages is proof of “actual, compensable injury” and that “[wjhen a plaintiff recovers only nominal damages because of his failure to prove an essential element of his claim for monetary relief, the only reasonable fee is usually no fee at all.” Id.

White argues convincingly that Johnson’s claim against her is virtually identical to the situation discussed in Farrar. Johnson won a declaration that White had violated the law but was unable to prove any damages, either actual or additional, under the statute. As a result, the most appropriate award of attorney’s fees against White is $0.00.

Johnson responds that Eaton changed his standard form in response to her suit so hers is not a mere technical victory of the type discussed in Farrar and cites cases which define “prevailing party” as including victories that change the defendant’s behavior or legal relationship with the plaintiff. This, of course, does not help her against White, who did not change her behavior, and ignores the fact that in Farrar, the Supreme Court found the plaintiff to be a prevailing party and awarded him a reasonable attorney’s fee of $0.00. Accordingly, even if we did agree with Johnson that she merits an award of a reasonable attorney’s fee against White for proving that White violated the FDCPA, we would find that a reasonable attorney’s fee in cases where no actual or additional damages were awarded is $0.00.

We agree with White that the district court erred when it assessed attorney’s fees against her because the FDCPA requires that a plaintiff prove actual or additional damages in order to receive attorney’s fees and costs. Johnson did not meet this requirement. However, even if Johnson’s reading of the FDCPA was correct and she was entitled to receive a reasonable attorney’s fee for her technical victory, Farrar makes it clear that a reasonable fee would be $0.00.

IV.

Eaton similarly argues that the $500 Johnson recovered against him is only nominal damages and is insufficient to support an award of $10,830 in attorney’s fees. However, Eaton’s case is much different than Farrar. In Farrar, the plaintiff demanded $17,000,000 and “after 10 years of litigation and two trips to the Court of Appeals, he got one dollar from one defendant.” 506 U.S. at 114, 113 S.Ct. at 575. By contrast, Johnson requested $4,000 in damages and received $500. Also, the damages received by Johnson were “additional” or punitive damages, designed to punish Eaton for his wrongful acts.

In any event, we need not decide whether the district court was within its discretion in awarding $10,000 in attorney’s fees because our reversal of the award against White requires that we remand the award of attorney’s fees for reconsideration. On remand, the district court should reduce the award of fees against Eaton by the amount of the fee, if any, attributable to the preparation of the case against White.

[*153] Y.

Finally, White claims that Johnson should pay her attorney’s fees because Johnson brought the suit against her in bad faith. In order to receive an award of attorney’s fees under § 1692k(a)(3), a “prevailing defendant must show affirmatively that the plaintiff brought the FDCPA claim in bad faith and for the purposes of harassment.” Perry v. Stewart Title Co., 756 F.2d 1197, 1211 (5th Cir.) modified on other grounds, 761 F.2d 237 (5th Cir.1985). White violated two provisions of the FDCPA and cannot be said to have prevailed in any sense other than the fact that she avoided a monetary judgement. Johnson’s victory was limited to a determination that White had violated her rights but was a victory nonetheless. Additionally, the district court’s finding that Johnson did not bring the claim in bad faith is supported by the record and was not an abuse of discretion.

We AFFIRM the district court’s determination that White is not entitled to attorney’s fees, REVERSE the court’s award of fees against White and REMAND the award of attorney’s fees against Eaton for the exclusion of fees, if any, attributable solely to preparation of the ease against White.

AFFIRMED in part, REVERSED in part and REMANDED.

1

. The district court ruled that Eaton and White violated the FDCPA by misrepresenting the amount of the debt to Johnson and by contradicting the required disclosure of the 30-day validation period in the demand letter. Eaton also was found to have violated the FDCPA by omitting a required notice and by simulating a court document.