Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA
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 Sonia Sotomayor on Apr 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.
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
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Recommended Citation: Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, SCOTUSblog, https://www.scotusblog.com/cases/jerman-v-carlisle-mcnellie-rini-kramer-ulrich-lpa/