Court Finds BCFP’s Claims Were Not Meritless, Denies Weltman’s Request for Attorneys’ Fees, Partially Grants Requests for Costs

Yesterday, the court denied Weltman, Weinberg & Reis Co., L.P.A.’s (Weltman) request for attorneys’ fees and partially granted its request for costs associated with its defense against the Bureau of Consumer Financial Protection's (BCFP or Bureau) claims. As previously reported by insideARM, Weltman sought $1.2 million for the attorneys' fees it incurred while defending itself against the litigation filed by the Bureau as well as the Bureau's pre-litigation investigation. Weltman also sought $67,379.08 in costs. The court denied Weltman’s request for fees in its entirety, and partially granted Weltman $10,845.65 in costs associated with the litigation.

Attorneys’ Fees

In its reasoning behind its denial of the motion for attorneys’ fees, the court stated that the Bureau’s claims were not meritless. While Weltman ultimately succeeded in the litigation, the court found that an advisory jury did make a determination that Weltman’s communications were false, deceptive, and misleading. The court noted that there was some evidence of this, but the court ultimately did not adopt the jury’s findings because the court did not deem the expert who presented evidence to be credible. The court went on to state:

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