This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Olivea Marx v. General Revenue Corporation concerns whether the Federal Fair Debt Collection Practices Act (FDCPA) provision on costs displaces the general award‑of‑costs rule in Rule 54(d).
The Supreme Court heard oral argument in this case on November 7, 2012.
Background and question before the Court
Justices asked whether the FDCPA provision effectively repeals Rule 54(d) and therefore bars a costs award unless a specific prerequisite is met.
What each side argues
Petitioner (Olivea Marx)
Petitioner argues that Rule 54(d) does not apply because the FDCPA provides a different rule for awarding costs.
According to Lisa S. Blatt, petitioner further contends that section 1692k(a)(3) of the FDCPA is a pro‑defendant provision that does not strip courts of discretion to award costs under Rule 54.
Respondent (General Revenue Corporation)
Source-limited. The record does not yet support a complete account.
What happened at oral argument
During oral argument, Justices Scalia, Sotomayor, and Kagan asked the parties about how the FDCPA provision interacts with Rule 54(d) and whether a costs award is permissible when the statute does not find bad‑faith conduct.
What the Court decided
Why it matters
Congress wanted to ensure that meritorious suits by impecunious debtors were not deterred by the prospect that an award of costs would exceed the value of the damage that could be recovered.
The Federal Trade Commission received about 120,000 consumer complaints about debt collectors in the prior year, highlighting the broader relevance of debt‑collection practices.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 4700734308a643da6291-r1-58c547c90cb5f309.pdforal argument transcript
Guide generated September 24, 2026. Automated validation accepted this version.