SCOTUS Grants Cert. to Resolve Conflict Between 9th Circuit (Rouse) and 10th Circuit (Marx) on Whether FDCPA or FRCP 54(d) Controls as to Recovery of Costs

SCOTUS granted cert in the Marx v. General Revenue Corporation case that we reported on previously. SCOTUS’ review will address whether a prevailing defendant in an FDCPA matter can recover its costs under FRCP 54(d) or must prove, in order to recover such costs, whether the Action was filed in bad faith by the Plaintiff, as required by 15 USC 1692k(a)(3)   The Court of Appeals for the Ninth Circuit in Rouse held that the FDCPA controls and a prevailing defendant must prove bad faith in order to recover costs.  The Court of Appeals for the Tenth Circuit held in Marx that FRCP 54(d) controls and a prevailing defendant can recover its costs without proof of bad faith.