IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Daniel D. Domenico

Case No. 19-cv-00347-DDD-STV

PAUL M. GEORGOPULOUS,

Plaintiff,

v.

PPM CAPITAL, INC.,

Defendant.

ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION

This matter is before the Court on the Recommendation of United States Magistrate Scott T. Varholak filed on October 21, 2019. (Doc. 44.) The Recommendation states that objections to the Recommendation must be filed within 14 days after its service on the parties. See

(b)(1)(C). The Recommendation was served via mail on Oc- tober 21, 2019. No party has objected to the Recommendation. In the absence of an objection, the district court may review a mag- istrate judge’s recommendation under any standard it deems appropri- ate. Summers v. Utah,

(10th Cir. 1991); see also Thomas v. Arn,

(1985) (“It does not appear that Con- gress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when nei- ther party objects to those findings”). In this matter, the Court has re- viewed the Recommendation to satisfy itself that there is “no clear error

on the face of the record.” Fed. R. Civ. P. 72(b), Advisory Committee Notes. Based on this review, the Court has concluded that the Recom- mendation is a correct application of the facts and the law. Plaintiff Paul M. Georgopulous has moved for default judgment on his claims against PPM Capital, Inc. under the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and the Colo- rado Fair Debt Collection Practices Act. (Doc. 36.) Judge Varholak con- cludes in his recommendation that this Court has subject matter juris- diction and personal jurisdiction over Mr. Georgopulous’s claims. On the merits, he recommends that the motion be denied in part and granted part, and that Mr. Georgopulous be awarded attorney fees and costs in the amounts described below. The Court agrees with Judge Varholak’s thorough and careful anal- ysis in all respects, and adopts in its entirety his recommendation. Ac- cordingly, it is ORDERED as follows: 1. The Recommendation of United States Magistrate Judge (Doc. 44) is ACCEPTED. 2. Plaintiff’s Motion for Default Judgment Against PPM Capital, Inc. (Doc. 36) is GRANTED IN PART and DENIED IN PART as follows: a. Plaintiff’s Motion is GRANTED to the extent it seeks default judgment on the claims for violations of §§ 1692b(2) and 1692b(3), 1692c(a)(1) and 1692c(b), 1692d, 1692d(2), and 1692d(5), 1692e, 1692e(4), 1692e(5), 1692e(7), and 1692e(10) of the FDCPA, and de- fault judgment shall enter in favor of Plaintiff and against Defendant on those FDCPA claims. b. Plaintiff’s Motion is DENIED to the extent it seeks default judgment on the claims under § 1692f and 1692g of the FDCPA. c. Plaintiff’s Motion is GRANTED to the extent it seeks default judgment on Plaintiff’s CFDCPA claim, and default judgment shall enter in favor of Plaintiff and against Defendant on the CFDCPA claim. d. Plaintiff's Motion is GRANTED to the extent it seeks default judgment on the claim under § 227(b)(1)(A)(iii) of the TCPA, and de- fault judgment shall enter in favor of Plaintiff and against Defendant on that claim. e. Plaintiff's Motion is GRANTED to the extent it seeks statu- tory damages under the FDCPA; GRANTED IN PART and DENIED IN PART to the extent it seeks treble damages under the TCPA; and GRANTED IN PART and DENIED IN PART to the extent it seeks attorneys’ fees, as set forth below: i. the Clerk of Court shall enter judgment in Plaintiff's favor and against Defendant, in the amount of $25,715.75, consisting of: (1) $1,000 in statutory damages under the FDCPA; (2) $22,500 in statutory damages under the TCPA; and (3) $2,215.75 in attor- neys fees and costs; plus (4) post-judgment interest at the statu- tory rate of 1.58%! on the foregoing amounts, calculated daily from the date of judgment and compounded annually. DATED: November 15, 2019. BY THE COURT:

United States District Judge

1 See Selected Interest Rates Instruments, Yields in percent per annum: Weekly, FRED Economic Data, https://fred.stlouisfed.org/release/ta- bles?eid=290&rid=18 (last visited November 15, 2019).