Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA

Docket No. Op. Below Argument Opinion Vote Author Term
08-1200 6th Cir. Jan 13, 2010
Tr.
Apr 21, 2010 7-2 Sotomayor OT 2009

Disclosure: Howe & Russell represented the petitioner in this case.

Holding: The Fair Debt Collection Practices act regulates the conduct of debt collectors. The statute provides a bona fide error defense for instances in which a debt collector violates the statute through a good faith mistake. The Court held, however, that ignorance of the law does not count as a good faith mistake under that defense.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Sonia Sotomayor on April 21, 2010. Justice Breyer filed a concurring opinion, and Justice Scalia filed an opinion concurring in part and concurring in the judgment. Justice Kennedy dissented, joined by Justice Alito.

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