U.S. Supreme Court Rejects CFPB Position in FDCPA Case

Last week, the U.S. Supreme Court ruled that a defendant who prevails in a Fair Debt Collection Practices Act (FDCPA) case may recover costs even without a court finding that the plaintiff sued in bad faith and for the purpose of harassment (Marx v. General Revenue Corp.) The Supreme Court rejected the plaintiff's (and CFPB's) arguments and held that the Federal Rules of Civil Procedure supersede the FDCPA's provision that allows a court to award these costs only when a finding of bad faith is made. The ruling is particularly noteworthy because it represents a defeat for the CFPB, which had filed an amicus brief supporting the plaintiff's position. The brief was filed as part of the CFPB's amicus program. In all of the amicus briefs filed to date, the CFPB has opposed the banking industry and supported the consumer's position.