Garcia v. Mega Auto Outlet

Full title: CARLOS ALEXIS MARTINEZ GARCIA, Plaintiff, v. MEGA AUTO OUTLET, et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF Virginia, Alexandria Division

Date published: Feb 23, 2021

Facts

Plaintiff filed this lawsuit against Defendant Mega Auto Outlet (“Defendant”) on August 21, 2020, under the Federal Truth in Lending Act (TILA), 15 U.S.C. § 1640; the Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691(e); the Virginia Consumer Protection Act (VCPA), Va. Code Ann. § 59.1-200; and common law fraud. (See dkt. 1.) Plaintiff requested the clerk’s entry of default on December 4, 2020, and the clerk entered default on December 7, 2020. (Dkts. 7, 8.)

Plaintiff filed the instant motion on January 29, 2021, and noticed the motion for a hearing on Friday, February 12, 2021. (Dkts. 10, 11, 12.)

Issue

Decision

For the reasons articulated above, the undersigned recommends that the Court enter an order granting in part Plaintiff’s Motion for Default Judgment as to Defendant Auto Mega Outlet (Dkt. 10) as to Counts I, II, and III of the Complaint, thereby entering default judgment in favor of Plaintiff and against Defendant on these Counts. Further, the undersigned recommends that the Court award Plaintiff (1) $2,000.00 in statutory damages under the TILA; (2) $99,817.12 in punitive damages; and (3) reasonable attorney’s fees and costs. Finally, the undersigned recommends dismissing the plaintiff’s VCPA (Count IV) of the complaint. 

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