LIVE HELPAvailable
Click to CalL
Call Now
STOP Collector Blog From the law firm of Lemberg & Associates

Supreme Court Rules Against Consumer in Marx v. General Revenue

In a 7-2 ruling, the United States Supreme Court found that consumers may be held liable for debt collection agencies’ court costs and attorney fees when the consumers file suit for violations of the Fair Debt Collection Practices Act and lose. The majority opinion, written by Associate Justice Clarence Thomas, found that the Federal Rule of Civil Procedure 52(d)(1) is not displaced by the provision of the FDCPA that attorney’s fees and court costs are to be awarded if FDCPA claims are brought in bad faith or for the purpose of harassment.

The appellant in the case, Olivea Marx, garnered support from the Federal Trade Commission, the Consumer Financial Protection Bureau, and the Department of Justice, which wrote an amicus brief on her behalf.

Associates Justices Sonia Sotomayor and Elena Kagan issued a joint dissent, saying that the FDCPA contains a cost provision that provides an exception to FRCP 52(d)(1).

While the debt collection industry is rejoicing, consumers who are hounded by debt collectors are undoubtedly reconsidering whether or not to exert their rights under the FDCPA. This ruling will likely have a chilling effect on consumers who are abused by debt collection agencies.


Your email address will not be published. Required fields are marked *

Lemberg & Associates’ team
of consumer attorneys is highly
skilled and ready to help you
with debt collector abuse.

If you have been the victim of harassment or illegal or unfair debt collection practices, Lemberg & Associates will discuss your options with you and protect your rights. For more information, contact Lemberg & Associates today at .

Learn More About Us 
Start Free Legal Consultation
Fill out form:
Please wait...
Your information is kept 100% confidential.
We do not spam or sell your information.
Sergei Lemberg

Sergei Lemberg is the principal at Lemberg & Associates, a consumer law firm that defends consumer rights in the areas of fair debt collection law, fair credit law, and lemon law, among others. He is regularly labeled by the debt collection industry as one of the “most active consumer attorneys” in the U.S.

Contact Us

Lemberg & Associates
100 Summer Street
Stamford, CT 06905

Find out how we can
help you stop debt
collector harassment
Get Free Legal Help 

"The FDCPA is a consumer protection statute and was intended to permit, even encourage, attorneys like Lemberg to act as private attorney generals to pursue FDCPA claims."

U.S. Ninth Circuit Court of Appeals, Evon v. Law Offices of Sidney Mickell
Follow Us on Twitter