Prevailing Defendant Can Recover Costs in FDCPA Suit Not Filed in Bad Faith, Supreme Court Rules

Consumer Financial Services Group at Ballard Spahr LLP (Feb. 28, 2013) – A prevailing defendant in a Fair Debt Collection Practices Act (FDCPA) 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 affirmed the 10th Circuit’s decision upholding a district court’s award of costs under Federal Rule of Civil Procedure 54(d) to a prevailing debt collector in an FDCPA suit without a finding of bad faith and a purpose of harassment…

 

To read more: