In Anchondo v Anderson, Crenshaw & Associates, LLC, --- F3d ---, 2010 WL 3261155 (10th Cir Aug 16, 2010), the Tenth Circuit held that, like that of the Truth in Lending Act (TLA), the Fair Debt Collection Practices Act’s (FDCPA) fee-shifting provision encompasses appellate actions.
Anchondo was lead plaintiff in a class action against Anderson for claims under the FDCPA. After the parties agreed to a settlement in favor of Anchondo, the district court awarded Anchondo $63,333.52 in fees and costs. Anderson appealed the award of fees. Finding no abuse of discretion and affirming the reasonableness of the fees award, the Tenth Circuit held that the district court properly applied the lodestar method, and had conducted an appropriate review of Anchondo’s attorneys’ billing records. Then, citing to Gallegos v. Stokes, 593 F.2d 372, 376 (10th Cir. 1979), the Tenth Circuit granted Anchondo's request for fees expended in defending the appeal, holding that because “the operative fee-shifting provisions of the [TLA and FDCPA] are identical…plaintiff is statutorily entitled to fees and costs for this appeal.”