A prevailing defendant in a Fair Debt Collection Practices Act case can recover costs even without a court finding that the plaintiff filed suit in bad faith and for the purpose of harassment, the U.S. Supreme Court has ruled in Marx v. General Revenue Corp.  The Supreme Court rejected the plaintiff’s argument that a court’s authority to award costs under Federal Rule of Civil Procedure 54(d) was superseded by the FDCPA’s cost provision to only allow a court to award costs if such a finding is made.… Continue Reading

ScaleThe CFPB, jointly with the FTC and Justice Department, has filed an amicus brief in the U.S. Supreme Court supporting the consumer’s position in Marx v. General Revenue Corp.  In May, the Supreme Court agreed to hear the case and decide whether the Fair Debt Collection Practices Act allows an award of costs to the prevailing defendant even without a finding that the suit was filed by the plaintiff in bad faith and for the purpose of harassment.… Continue Reading

The CFPB has filed amicus briefs in two appeals involving the Fair Debt Collection Practices Act–one in the Tenth Circuit and the other in the Eleventh Circuit.  As reported by Marty Bryce and Chris Willis,  the CFPB filed an amicus brief  last month in an appeal before the Tenth Circuit involving the right to rescind a mortgage loan under the Truth in Lending Act. Continue Reading