context: In another context, the Fifth Circuit has recognized the dilemma that a consumer faces in trying to enforce the provisions of TILA, under which Congress had intended to create "a system of 'private attorney generals' who will be able to aid the effective enforcement of the Act." So long as the action "vindicates congressional policy," the Sosa court concluded that it was within the trial court's discretion to award attorney's fees to the successful debtor.
citation_a.signal: but see
citation_a.identifier: 547 F.2d 502, 506
citation_a.parenthetical: criticizing Sosa for failing to follow the "American Rule" that attorney's fees are not ordinarily recoverable in the absence of statutory authorization
citation_a.sentence: Sosa, 498 F.2d at 121; see also Purtle v. Eldridge Auto Sales, Inc., 91 F.3d 797, 800 (6th Cir.1996) (plaintiff in a TILA ease need not prove that he or she suffered actual monetary damages in order to recover the statutory damages and attorney’s fees); but see Rachbach v. Cogswell, 547 F.2d 502, 506 (10th Cir.1976) (criticizing Sosa for failing to follow the “American Rule” that attorney’s fees are not ordinarily recoverable in the absence of statutory authorization).
citation_b.signal: see also
citation_b.identifier: 91 F.3d 797, 800
citation_b.parenthetical: plaintiff in a TILA ease need not prove that he or she suffered actual monetary damages in order to recover the statutory damages and attorney's fees
citation_b.sentence: Sosa, 498 F.2d at 121; see also Purtle v. Eldridge Auto Sales, Inc., 91 F.3d 797, 800 (6th Cir.1996) (plaintiff in a TILA ease need not prove that he or she suffered actual monetary damages in order to recover the statutory damages and attorney’s fees); but see Rachbach v. Cogswell, 547 F.2d 502, 506 (10th Cir.1976) (criticizing Sosa for failing to follow the “American Rule” that attorney’s fees are not ordinarily recoverable in the absence of statutory authorization).