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
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CFPB files amicus brief in US Supreme Court FDCPA case
By John L. Culhane, Jr. on
Posted in Debt Collection, Regulatory and Enforcement
The 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…
CFPB files amicus briefs in FDCPA cases
By Barbara S. Mishkin on
Posted in Debt Collection, Regulatory and Enforcement
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 …