Carrasquillo v. CICA Collection Agency
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using “any false, deceptive, or misleading representation or means in connection with the collection of any debt.” The Bureau filed an amicus brief arguing that this prohibition does not apply only when such representations are intentional or knowing and instead makes debt collectors strictly liable for their deceptive conduct absent an affirmative showing that the bona fide error defense applies. The brief explains that this is evident from the FDCPA’s plain text, Congress’s decision to include an express scienter requirement in certain other provisions but not in the provisions at issue here, and provisions expressly recognizing that debt collectors can face civil liability for unintentional violations.
The Bureau’s brief also argues that a debt collector violates the FDCPA by falsely stating that it could sue on a debt when, in fact, the Bankruptcy Code bars any such suit, and that the Bankruptcy Code does not bar consumers from asserting an FDCPA claim based on that type of misrepresentation.