Dykema Gossett PLLC
Dykema Gossett PLLC

Consumer Financial Protection Bureau Law Blog

CFPB Law Blog

News and analysisi of the priorities, initiatives and regulatory actions and proceedings of the Consumer Financial Protection Bureau

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Photo of Consumer Financial Protection Bureau Law Blog Amy R. Jonker
Senior Attorney
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Showing 2 posts by Amy R. Jonker.

Third Circuit Says Technical Procedural Slip-Up in Bankruptcy Proceeding Is Grounds for FDCPA Claim

A recent Third Circuit reversal paves the way for Fair Debt Collection Practices Act (FDCPA) lawsuits based on minor procedural mishaps in bankruptcy court.  This contradicts the law in the Second and Ninth Circuits and in many district and bankruptcy courts that previously have found that participation in bankruptcy proceedings is not an attempt to collect a debt and thus not grounds for an FDCPA claim.    Read More ›

Supreme Court Rejects CFPB Position and Holds That Prevailing Defendants May Recover Costs in FDCPA Actions Not Filed in Bad Faith

In a 7-2 vote, the Supreme Court held that a prevailing defendant in a Fair Debt Collection Practices Act (FDCPA) suit may be awarded costs even where the lawsuit was not brought in bad faith and for the purpose of harassment. Section 1692k(a)(3) of the FDCPA limits a court’s authority to award costs to cases where a defendant proves that the plaintiff filed the suit in bad faith and for the purpose of harassment In Marx v. General Revenue Corporation, --- S. Ct. ---, 2013 WL 673254 (February 26, 2013), the Supreme Court ruled that this limitation does not affect a court’s ability to award of costs under Rule 54(d) of the Federal Rules of Civil Procedure. This ruling is good news for defendants of FDCPA claims because it permits them to seek costs under the Federal Rules of Civil Procedure without meeting the high burden of proving bad faith and harassment.  Read More ›