FTC Joins Justice Department in Brief Regarding FDCPA Supreme Court Case

The Federal Trade Commission has joined the U.S. Department of Justice in filing an amicus brief concerning whether the FDCPA’s “bona fide error” defense applies not just to procedural or clerical errors, but also to errors of law.

In Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 538 F.3d 469 (6th Cir. 2008), the Sixth Circuit Court of Appeals concluded the bona fide error defense available under Section 813(c) of the Fair Debt Collection Practices Act (FDCPA) applied to mistakes of law.