Ignorance of the law is no longer a defense for debt collectors that violate the Fair Debt Collection Practices Act (FDCPA) in an attempt to collect a debt. The United States Supreme Court made this ruling in a 7-2 decision in the case of Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich. This ruling greatly restricts a debt collector's ability to use a mistake of law as part of a bona fide error defense under the FDCPA.
In Jerman, a law firm based in Ohio was sued by Jerman for violating the FDCPA when it attempted to foreclose on her home. The law firm's first collection notice asked Jerman for written proof that she had paid her mortgage with Countrywide Home Loans. The firm further stated that if she did not show proof of payment or dispute the debt in writing within 30 days the company would presume that the debt was valid.
The law firm argued that it should not be held liable under the FDCPA because it was a bona fide clerical error. And that the firm did not know that the FDCPA did not require disputes to be in writing. The firm won at the trial court level and on appeal by using the bona fide error defense. Justice Sotomayor delivered the opinion of the U.S. Supreme Court stating that "ignorance of the law will not excuse any person, either civilly or criminally." This ruling will change the law in many jurisdictions because many states have a bona fide error statute identical to the FDCPA. If your home is in foreclosure or you are behind on your mortgage payments and a debt collector is harassing you, contact a Jacksonville Foreclosure Defense Lawyer or Florida Foreclosure Lawyer . There is a good chance a lawyer will be able to stop these harassing calls and/or letters.
