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

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.

Briefs and Documents

Merits Briefs

• Brief for Petitioner Karen L. Jerman
• Brief for Respondents Carlisle, McNellie, Rini, Kramer & Ulrich LPA
• Reply Brief for Petitioner Karen L. Jerman

Amicus Briefs

• Brief for the United States of America in Support of Petitioner
• Brief for Public Citizen, et al. in Support of Petitioner
• Brief for New York, et al. in Support of Petitioner
• Brief for ACA International in Support of Respondents
• Brief for American Legal and Financial Network (AFN) in Support of Respondents
• Brief for the California Association of Collectors in Support of Respondents
• Brief for the Commercial Law League of America and DBA International in Support of Respondents
• Brief for the Mississippi Creditors’ Attorneys Association in Support of Respondents
• Brief for the National Association of Retail Collection Attorneys in Support of Respondents
• Brief for the Ohio Creditor’s Attorneys Association and California Creditor’s Bar Association in Support of Respondents
• Brief for USFN – America’s Mortgage Banking Attorneys in Support of Respondents
• Brief for DRI – The Voice of the Defense Bar in Support of Respondents

Certiorari-stage documents

• Opinion below (6th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner's reply