Recall in Strange v. GMR Processing LLC and APE Processing LLC, the GA Court ordered repeat TCPA plaintiff—and frequent tcpaworld.com commenter—Clinton Strange to submit additional evidence substantiating his claim that he had “suffered actual damages and injury, but not limited to monetary loss, fear, stress, mental anguish, emotional stress, acute embarrassment, anxiety, loss of sleep, and suffering.”
Well Strange ultimately submitted a declaration detailing two medical appointments he attended to receive treatment and his need to obtain medication – but otherwise did not present evidence showing he lost any money as a result of defendant GMR’s conduct. Despite a favorable judgment from the GA court against GMR, Strange walked away only with a modest sum.
As to Strange’s FDCPA claim, the Georgia court found Strange evidenced that he suffered psychological harm and physical effects because of GMR, but recognized GMR’s agent only made a single call in violation of the FDCPA.
“The Court does not question the severity of the stress and anxiety Strange suffered. Those feelings were undoubtedly exacerbated by his preexisting health conditions and mental health struggles. But such feelings are difficult to translate into actual damages based solely on Strange’s own declaration. And Strange has provided scant evidence of any other damage he suffered. For instance, he did not have to make any payment on a debt he did not owe in order to stop the harassment or engage legal counsel to prevent repeated calls by GMR. The purpose of the FDCPA’s damages provision is to compensate the plaintiff, not deter the defendant.”
He was entitled to recover $1,597 for his FDCPA claim — $1,000 in actual damages but no additional damages along with Strange’s costs for the court filing of $597.
As to Strange’s TCPA claim, the court found Strange was entitled to $500 for the single call.
Strange also brought a claim for Georgia Unfair or Deceptive Practices Toward the Elderly Act (GUDPTEA). GUDPTEA allows for up to $10,000 for each violation of any person who is found to have conducted business in violation of the GUDPTEA against an elder or disabled person.
The Court found that there was no evidence GMR was aware of Strange’s disability when it made the illegal telephone call or that its conduct was thereafter repeated – so he was only entitled to a nominal $100 for the violation.
Despite the scant evidence, Serial Strange ended up enjoying a modest victory of $2,197. At least this time he was able to recoup his filing fee.
The court found it did not have personal jurisdiction over Strange’s claims against APE Processing LLC and directed to his remaining claims to the Southern District of Florida. We’ll keep track of how Strange’s remaining claims develop in Florida.
Also here is Strange appearing in TCPA Litigator List 2022: