FDCPA Litigation: The Loser May Be Stuck with Costs


In a recent opinion, the United States Supreme Court reminded litigants that the loser could be stuck with litigation costs. On February 26, 2013, the Supreme Court decided Marx v. General Revenue Corp. and addressed the taxation of litigation costs in lawsuits brought under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq. In this case, plaintiff Olivia Marx filed suit alleging that General Revenue Corporation (GRC) violated the FDCPA by harassing and threatening her in order to collect on a debt related to a student loan.  She claimed that GRC violated the FDCPA by making improper phone calls and faxes in its attempts to collect the debt. The FDCPA is a consumer protection statute that prohibits certain abusive, deceptive, and unfair debt collection practices. The case was tried without a jury and the district court ruled in favor of the debt collection company and dismissed the case. […]

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