Legal Error Not A Defense To FDCPA Action

On April 21, 2010, in a 7-2 decision authored by Justice Sonia Sotomayor, the U.S. Supreme Court held that 15 U.S.C. § 1692k(c), the provision of the Fair Debt Collection Practices Act (the “FDCPA” or the “Act”) that excuses a debt collector from liability for violations arising from “a bona fide error,” does not protect debt collectors from errors in interpreting the legal requirements of the FDCPA.

See Day Pitney LLP