Collections-award of costs under Fair Debt Collections Practices Act

| Feb 27, 2013 | Firm News

The Supreme Court has held that a federal district court can award costs to a prevailing defendant that was sued for alleged violations of the Fair Debt Collections Practices Act even if the district court does not find plaintiff sued in bad faith.  The Court said that the provision of the FDCPA that allows the trial court to award attorney’s fees and costs if a debtor brings a claim in bad faith does not bar the trial court from awarding costs under Rule 54(d) in its discretion.  Marx v. General Revenue Corp, No. 11-1175 (U.S. Feb. 26, 2013). /Practice-Areas/Collections-for-Creditors.shtml


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