Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-1200 | 6th Cir. | 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.
SCOTUSblog Coverage
- Debt collectors and "ignorance of the law" (Anna Christensen, April 26, 2010)
- The FDCPA and legal errors (Matt Sundquist, January 18, 2010)
- Jerman v. Carlisle: Argument Preview (Matt Sundquist, January 13, 2010)
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)
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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