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Posts tagged as “1692k(a)(3)”

SCOTUS – Unsuccessful Plaintiffs in FDCPA Cases Can Be Liable for Costs Without Showing Bad Faith

In a seven to two opinion released this morning, the Supreme Court held that a plaintiff, who is unsuccessful in a claim under the Fair Debt Collection Practices Act (“FDCPA”) 15 U.S.C. 1692, et seq., can be liable for the defendant’s costs even if the lawsuit was not brought in bad faith. The opinion was delivered by Justice Thomas. Justices Sotomayor and Kagan dissented with Justice Sotomayor on the dissenting opinion. Marx concerned whether the FDCPA’s section 1692k(a)(3), which provides for an award of attorneys fees and costs if an FDCPA suit is brought in “bad faith and the the purpose of harassment,” prevents the awarding…

Marx v. General Revenue – SCOTUS Oral Argument Transcript

I have today’s transcript from oral argument before the Supreme Court in Marx v. General Revenue. Ms. Marx lost her Fair Debt Collection Practices Act (“FDCPA”) case against General Revenue. Under Federal Rule of Civil Procedure 54(d), which permits the court’s clerk to tax costs to a prevailing party, the trial court taxed her with General Revenue’s defense costs — not attorneys fees, just costs, and limited ones at that. Marx appealed to the Tenth Circuit Court of Appeals and argued she should not have to pay these costs because the FDCPA, at section 1692k(a)(3), only exposes her to costs if she brought the…