FDCPA

Dissenting Justice Alito of the US Supreme Court for the Fifth Circuit and the FDCPA.

By justicefortexas

Posted on December 30, 2018

FDCPA This case presents the question whether the bona fide error defense in applies to a violation resulting from a debt collector’s mistaken interpretation of the legal requirements of the FDCPA. We conclude it does not. (2010)

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The last time the CFPB and the FDCPA was in front of the US Supreme Court was in 2010. Below is the case and the opinion.

In 2019, the law of homestead, debt collection and the government watchdog agency returns to the highest court.

SOTOMAYOR, J., delivered the opinion of the Court, in which ROBERTS, C. J., and STEVENS, THOMAS, GINSBURG, and BREYER, JJ., joined. BREYER, J., filed a concurring opinion. SCALIA, J., filed an opinion concurring in part and concurring in the judgment. KENNEDY, J., filed a dissenting opinion, in which ALITO, J., joined. [*576]

JUSTICE SOTOMAYOR delivered the opinion of the Court.

The Fair Debt Collection Practices Act (FDCPA or Act) imposes civil liability on “debt collector[s]” for certain prohibited debt collection practices. Section 813(c) of the Act, 15 U.S.C. § 1692k(c), provides that a debt collector is not liable in an action brought under the Act if she can show “the violation was not intentional and resulted from a bona fide error notwithstanding [***525] the maintenance of procedures reasonably adapted to avoid any such error.”

This case presents [*577] the question whether the “bona fide error” defense in § 1692k(c) applies to a violation resulting from a debt collector’s mistaken interpretation of the legal requirements of the FDCPA. We conclude it does not.

The CFPB and the FDCPA is heavily in the News for all the wrong reasons. The US Supreme Court is about to review the Obduskey case pertaining to foreclosure and debt collection. Is a [lawyer] debt collector when foreclosing on a homestead is the question and the CFPB shockingly says “no” in an amicus brief.

Remember, Foreclosure King Steven W. Mnuchin along with Joseph Otting (ex OneWest Bank) are both in Trumps’ cabinet with direct oversight of the FDCPA.

How corrupt is the Goverment and the Judicial system? The 9th of January 2019 will let us know.

Jerman v Carlisle (FDCPA 2010 US Supreme Court Case Opinion)