jerman carlisle mcnellie rini kramer ulrich lpa et argued january decided april fair debt collection practices act fdcpa et imposes civil liability debt collector certain prohibited debt collection practices debt collector fails comply fdcpa provision respect person liable person actual damage costs reasonable attorney fee determined statutory additional damages addition violations fdcpa deemed unfair deceptive acts practices federal trade commission act ftc act et enforced federal trade commission ftc see debt collector acts actual knowledge knowledge fairly implied basis objective circumstances act prohibited fdcpa subject civil penalties enforced ftc debt collector liable action brought fdcpa however shows preponderance evidence violation intentional resulted bona fide error notwithstanding maintenance procedures reasonably adapted avoid error respondents law firm one attorneys collectively carlisle filed lawsuit ohio state behalf mortgage company foreclose mortgage real property owned petitioner jerman complaint included notice mortgage debt assumed valid unless jerman disputed writing jerman lawyer sent letter disputing debt mortgage company acknowledged debt fact paid carlisle withdrew suit jerman filed action contending sending notice requiring dispute debt writing carlisle violated fdcpa governs contents notices debtors district acknowledging division authority question held carlisle violated ultimately granted carlisle summary judgment bona fide error defense sixth circuit affirmed holding defense limited clerical factual errors extends mistakes law held bona fide error defense apply violation resulting debt collector mistaken interpretation legal requirements fdcpa pp violation resulting debt collector misinterpretation legal requirements fdcpa intentional common maxim ignorance law excuse person either civilly criminally barlow pet congress intended provide defense civil liability often done explicitly particular provisions ftc act expressly incorporated fdcpa apply debt collector acts actual knowledge knowledge fairly implied basis objective circumstances fdcpa prohibited action given absence similar language fair infer congress permitted injured consumers recover damages intentional conduct including violations resulting mistaken interpretation fdcpa reserving onerous administrative penalties debt collectors whose intentional actions reflected knowledge conduct prohibited congress also confine fdcpa liability willful violations term often understood civil context exclude mistakes law see trans world airlines thurston section requirement debt collector maintain procedures reasonably adapted avoid error also naturally evokes procedures avoid mistakes like clerical factual errors pp additional support reading found statute context history fdcpa separate protection liability act done omitted good faith conformity ftc advisory opinion obviously tailored concern issue excusing civil liability fdcpa prohibitions uncertain bona fide error defense moreover enacting fdcpa congress copied pertinent portions bona fide error defense truth lending act tila time three federal courts appeals considered question interpreted tila provision referring clerical errors reason suppose congress disagreed interpretations incorporated tila language fdcpa although congress amended defense tila fdcpa exclude errors legal judgment obvious amendment changed scope tila defense way material given prior uniform judicial interpretation provision also unclear congress intended fdcpa defense broader tila congress expressly included mistakes law parallel bona fide error defenses elsewhere code carlisle reading supported heintz jenkins occasion address overall scope fdcpa bona fide error defense depend premise misinterpretation requirements fdcpa fall provision pp today decision place unmanageable burdens lawyers fdcpa contains several provisions expressly guarding abusive lawsuits gives courts discretion calculating additional damages attorney fees lawyers recourse bona fide error defense violation results qualifying factual error extent fdcpa imposes constraints lawyer advocacy behalf client unique lawyers duty instance comply law standards professional conduct numerous state consumer protection debt collection statutes contain bona fide error defenses either silent expressly exclude legal errors extent lawyers face liability mistaken interpretations fdcpa carlisle amici shown result absurd warrant disregarding weight textual authority heintz supra absent showing arguments fdcpa strikes undesirable balance assigning risks legal misinterpretation properly addressed congress pp reversed remanded sotomayor delivered opinion roberts stevens thomas ginsburg breyer joined breyer filed concurring opinion scalia filed opinion concurring part concurring judgment kennedy filed dissenting opinion alito joined karen jerman petitioner carlisle nellie rini kramer ulrich lpa et al writ certiorari appeals sixth circuit april justice sotomayor delivered opinion fair debt collection practices act fdcpa act imposes civil liability debt collector certain prohibited debt collection practices section act provides debt collector liable action brought act show violation intentional resulted bona fide error notwithstanding maintenance procedures reasonably adapted avoid error case presents question whether bona fide error defense applies violation resulting debt collector mistaken interpretation legal requirements fdcpa conclude congress enacted fdcpa stat eliminate abusive debt collection practices ensure debt collectors abstain practices competitively disadvantaged promote consistent state action protect consumers act regulates interactions consumer debtors debt collector defined include person regularly collects debts owed due asserted owed due another among things act prohibits debt collectors making false representations debt character amount legal status communicating consumers unusual time place likely inconvenient consumer using obscene profane language violence threat thereof see generally heintz jenkins act enforced administrative action private lawsuits exceptions relevant violations fdcpa deemed unfair deceptive acts practices federal trade commission act ftc act et enforced federal trade commission ftc see result debt collector acts actual knowledge knowledge fairly implied basis objective circumstances act prohibited fdcpa subject civil penalties per day fed reg amending cfr fdcpa also provides debt collector fails comply provision th act respect person liable person successful plaintiffs entitled actual damage plus costs reasonable attorney fee determined ibid may also award additional damages subject statutory cap individual actions class actions lesser per centum net worth debt collector awarding additional damages must consider frequency persistence debt collector noncompliance nature noncompliance extent noncompliance intentional act contains two exceptions provisions imposing liability debt collectors section issue provides debt collector may held liable action brought fdcpa debt collector shows preponderance evidence violation intentional resulted bona fide error notwithstanding maintenance procedures reasonably adapted avoid error act also none provisions imposing liability shall apply act done omitted good faith conformity advisory opinion federal trade commission respondents case law firm carlisle mcnellie rini kramer ulrich one attorneys adrienne foster collectively carlisle april carlisle filed complaint ohio state behalf client countrywide home loans carlisle sought foreclosure mortgage held countrywide real property owned petitioner karen jerman complaint included notice later served jerman stating mortgage debt assumed valid unless jerman disputed writing jerman lawyer sent letter disputing debt carlisle sought verification countrywide countrywide acknowledged jerman fact already paid debt full carlisle withdrew foreclosure lawsuit jerman filed lawsuit seeking class certification damages fdcpa contending carlisle violated stating debt assumed valid unless disputed acknowledging division authority question district held carlisle violated requiring jerman dispute debt writing supp nd ohio ultimately granted summary judgment carlisle however concluding shielded liability violation intentional resulted bona fide error occurred despite maintenance procedures reasonably adapted avoid error supp nd ohio appeals sixth circuit affirmed acknowledging courts appeals divided regarding scope bona fide error defense majority view defense available clerical factual errors sixth circuit nonetheless held extends mistakes law internal quotation marks omitted appeals found nothing unusual attorney debt collectors maintaining procedures within meaning avoid mistakes law noting parallel bona fide error defense truth lending act tila expressly excludes legal errors observed congress amended fdcpa several times since without excluding mistakes law granted certiorari resolve conflict authority scope fdcpa bona fide error reverse judgment sixth circuit ii parties disagree whether violation resulting debt collector misinterpretation legal requirements fdcpa ever intentional jerman contends debt collector intentionally commits act giving rise violation sending notice included writing language misunderstanding act requires render violation intentional given general rule mistake ignorance law defense carlisle dissent contrast argue nothing statutory text excludes legal errors category bona fide error covered note act refers unintentional act rather unintentional violation latter term contend evinces congress intent impose liability party knows conduct unlawful carlisle urges us therefore read encompass types error including mistakes law brief respondents decline adopt expansive reading carlisle proposes long recognized common maxim familiar minds ignorance law excuse person either civilly criminally barlow pet opinion story see also cheek general rule ignorance law mistake law defense criminal prosecution deeply rooted american legal system law therefore stranger possibility act may intentional purposes civil liability even actor lacked actual knowledge conduct violated law kolstad american dental instance addressed provision civil rights act authorizing compensatory punitive damages intentional discrimination limiting punitive damages conduct undertaken malice reckless indifference federally protected rights aggrieved individual observed circumstances intentional discrimination occur without giving rise punitive damages liability employer unaware relevant federal prohibition acts distinct belief discrimination lawful see also keeton dobbs keeton owen prosser keeton law torts ed one intentionally interferes interests others often subject liability notwithstanding invasion made erroneous belief legal matter justified conduct restatement second torts comment intentional tort trespass committed despite actor mistaken belief legal right enter property likely reason congress intended provide defense civil liability often done explicitly particular ftc act provisions noted congress expressly incorporated fdcpa apply debt collector acts actual knowledge knowledge fairly implied basis objective circumstances action prohibited fdcpa given absence similar language fair inference congress chose permit injured consumers recover actual damages costs fees modest statutory damages intentional conduct including violations resulting mistaken interpretation fdcpa reserving onerous penalties ftc act debt collectors whose intentional actions also reflected knowledge fairly implied basis objective circumstances conduct prohibited cf authorizing courts reduce liquidated damages act employer demonstrates act omission giving rise action good faith reasonable grounds believing act omission violation fair labor standards act provision digital millennium copyright act authorizing reduce damages violator aware reason believe acts constituted violation congress also confine liability fdcpa willful violations term often understood civil context excuse mistakes law see trans world airlines thurston civil damages willful violations age discrimination employment act require showing employer knew showed reckless disregard matter whether conduct prohibited internal quotation marks omitted cf safeco ins america burr although many dependent context generally taken used statutory condition civil liability cover knowing violations standard reckless ones well quoting bryan reason dissent missteps relying thurston mclaughlin richland shoe cases involved statutory phrase willful violation post dissent reaches contrary conclusion based interaction words violation intentional post even criminal context cf supra reference knowing intentional violation cognate terms necessarily implied defense legal errors see bryan knowledge requisite knowing violation statute factual knowledge distinguished knowledge quoting boyce motor lines jackson dissenting international minerals chemical statute imposing criminal liability violat regulations governing transportation corrosive chemicals require proof defendant knowledge law ellis rejecting argument criminal penalty applicable intentionally violate statute requires knowledge law dissent advances novel interpretative rule combination mens rea requirement word opposed language specifying conduct giving rise violation creates defense post rule remarkable breadth applicable many scores civil criminal provisions throughout code employ combination terms dissent theory draws distinction knowing intentional willful abandon care traditionally taken construe words particular statutory context see safeco supra fundamentally dissent categorical rule odds precedents bryan supra international minerals supra rejected defense statute imposed liability knowing violation knowingly violat dissent posits word intentional civil context requires higher showing mens rea willful thus easier avoid liability intentional rather willful violations post even dissent correct phrase intentional violation standing alone civil liability statute might read excuse mistakes law fdcpa juxtaposes term intentional violation specific language refers actual knowledge knowledge fairly implied basis objective circumstances particular conduct unlawful dissent reading gives short shrift textual distinction draw additional support conclusion bona fide errors include mistaken interpretations fdcpa requirement debt collector maintain procedures reasonably adapted avoid error dictionary defines procedure series steps followed regular orderly definite way webster third new international dictionary light statutory phrase naturally read apply processes mechanical regular orderly steps avoid mistakes instance kind internal controls debt collector might adopt ensure employees communicate consumers wrong time day make false representations amount debt dissent like appeals finds nothing unusual attorney debt collectors maintaining procedures avoid legal error post dispute entities may maintain procedures avoid legal errors legal reasoning mechanical strictly linear process reason find force suggestion government amicus curiae supporting jerman broad statutory requirement procedures reasonably designed avoid bona fide error indicates relevant procedures ones help avoid errors like clerical factual mistakes procedures likely avoid error applicable legal reasoning particularly context comprehensive complex federal statute fdcpa imposes prohibitions inter alia false deceptive unfair practices see brief amicus curiae even text read isolation leaves room doubt context history fdcpa provide reinforcement construing provision shield violations resulting misinterpretations requirements act see dada mukasey slip reading statute must look merely particular clause consider connection whole statute internal quotation marks omitted described congress included fdcpa bona fide error defense also separate protection liability act done omitted good faith conformity advisory opinion ftc view appeals reading odds role congress evidently contemplated ftc resolving ambiguities act debt collectors rarely need consult ftc read offer immunity reliance advice private counsel indeed debt collectors might affirmative incentive seek advisory opinion resolve ambiguity law receipt advice prevent claiming immunity violations potentially trigger civil penalties knowing violations ftc importantly existence separate provision plain terms obviously tailored concern issue excusing civil liability act prohibitions uncertain weighs stretching language bona fide error defense accommodate carlisle expansive remaining doubt proper interpretation dispelled evidence meaning attached language congress copied fdcpa bona fide error defense parallel provision existing statute tila stat first several statutes collectively known consumer credit protection act ccpa include fdcpa enacted tila provided affirmative defense pertinent part identical provision congress later enacted fdcpa creditor may held liable action brought tila creditor shows preponderance evidence violation intentional resulted bona fide error notwithstanding maintenance procedures reasonably adapted avoid error stat codified period enactment tila passage fdcpa three federal courts appeals consider question interpreted tila bona fide error defense referring clerical errors interpreted tila extend violations resulting mistaken legal interpretation often observed judicial interpretations settled meaning existing statutory provision repetition language new statute indicates general matter intent incorporate judicial interpretations well bragdon abbott see also rowe new hampshire motor transp interpretations three federal courts appeals may settled meaning tila bona fide error defense reason suppose congress disagreed interpretations enacted fdcpa congress copied verbatim pertinent portions tila bona fide error defense fdcpa compare ed stat close textual correspondence supports inference congress understood statutory formula chose fdcpa consistent federal appeals interpretations carlisle dissent urge reliance consistent approach taken appeals amendment tila added following sentence statute bona fide error defense examples bona fide error include limited clerical calculation computer malfunction program ing printing errors except error legal judgment respect person obligations tila bona fide error see truth lending simplification reform act stat absence corresponding amendment fdcpa carlisle reasons evidence congress intent give expansive scope fdcpa defense several reasons decline give tila amendment interpretative weight one obvious amendment changed scope tila bona fide error defense way material analysis given uniform interpretations three courts appeals holding tila defense extend mistakes contrary dissent suggestion post reading render amendment surplusage congress may simply intended codify existing judicial interpretations remove potential doubt jurisdictions courts yet addressed issue also unclear congress intended fdcpa defense broader one tila presents least significant set concerns imposing liability uncertain legal obligations see ford motor credit milhollin tila reluctance give controlling weight tila amendment construing fdcpa reinforced fact congress expressly included mistakes law numerous bona fide error defenses worded pertinent part identically elsewhere code compare bona fide error defense expedited funds availability act expressly excluding error legal judgment respect obligations act bona fide error provisions electronic fund transfer act silent errors legal judgment although carlisle points congress amended fdcpa several occasions without expressly restricting scope suggest congress viewed statute expansive reading carlisle advances particularly recently appeals interpreted bona fide error defense include violation fdcpa resulting mistake law see johnson riddle nn carlisle reliance heintz also unavailing held case fdcpa definition debt collector includes lawyers regularly litigation attempt collect consumer debts addressed concern raised petitioner lawyer collecting debt behalf client reading automatically render liable litigating lawyer brought lost claim debtor ground prohibits debt collector making take action legally taken expressed skepticism demanded result even assuming correctness petitioner reading suggested availability bona fide error defense meant prospect liability litigating lawyers absurd warrant implying categorical exemption unsupported statutory text ibid occasion heintz address overall scope bona fide error defense discussion depend premise misinterpretation requirements act fall bona fide error defense lawsuit lawyer least likely unsuccessful factual deficiencies opposed legal error lawyers course invoke violations resulting qualifying factual errors carlisle remaining arguments change view carlisle perceives inconsistency reading term intentional provision instruction look whether noncompliance intentional assessing statutory additional damages assuming encompasses errors law see conflict congruence reading act permit adjust statutory damages misinterpretation law even debt collector entitled categorical protection bona fide error defense carlisle also concerned reading unavailable debt collector violates provision fdcpa applying acts taken particular intent instances relevant act unintentional see prohibiting debt collector ausing telephone ring continuously intent annoy abuse harass including mistakes scope prohibition carlisle urges ensure applied throughout fdcpa see reason however bona fide error defense must cover every provision act parties amici make arguments concerning legislative history address sake completeness carlisle points sentence senate committee report stating debt collector liability violates act manner including regard act coverage violation unintentional occurred despite procedures designed avoid violations see also post opinion scalia discussing report terms quoted sentence unambiguously support carlisle reading even bona fide mistake regard act coverage read isolation contemplate mistake law reading exclude mistakes fact mistake regard act coverage may derive wholly debt collector factually mistaken belief example particular debt arose nonconsumer transaction therefore covered act reason read passing statement senate report contemplating exemption legal error product attorney erroneous interpretation fdcpa particularly attorneys excluded act definition debt collector stat moreover reference manner violation expressly qualified requirements violation unintentional occur despite maintenance appropriate procedures event need choose possible readings senate report legislative record taken whole lend strong support carlisle therefore decline give controlling weight isolated passage carlisle amici dissent raise additional concern reading unworkable practical consequences debt collecting lawyers see brief respondents narca brief post carlisle claims fdcpa private enforcement provisions fostered cottage industry professional plaintiffs sue debt collectors trivial violations act see brief respondents debt collecting attorneys held personally liable reasonable misinterpretations requirements act carlisle amici foresee flood lawsuits creditors lawyers plaintiffs attorneys seeking damages attorney fees threat liability dissent view creates irreconcilable conflict attorney personal financial interest ethical obligation zealous advocacy behalf client attorney uncertain fdcpa requires must choose one hand exposing liability resolving legal ambiguity client interest advising client settle even substantial legal authority position favoring client post believe holding today portends grave consequences one fdcpa contains several provisions expressly guard abusive lawsuits thereby mitigating financial risk creditors attorneys alleged violation trivial actual damage sustained likely de minimis even zero act sets cap additional damages vests courts discretion adjust damages violation based error one amicus suggests attorney fees may shape financial incentives even actual statutory damages modest narca brief statute contemplate award costs reasonable attorney fee determined case successful action enforce foregoing liability courts discretion calculating reasonable attorney fees authorizes courts award attorney fees defendant plaintiff suit brought bad faith purpose harassment lawyers also recourse affirmative defense every uncertainty presented litigation stems interpretation requirements act lawyers may invoke bona fide error defense instance violation results qualifying factual error jerman government suggest lawyers entirely avoid risk misinterpreting act obtaining advisory opinion ftc carlisle fairly observes ftc frequently issued opinions average processing time may present practical difficulties indeed government informed us oral argument ftc issued four opinions past decade response seven requests ftc response time typically three four months tr oral arg without disregarding possibility ftc advisory opinion process might useful cases evidence present administrative practice makes us reluctant place significant weight practical remedy concerns carlisle identified unpersuaded seems implicit premise carlisle arguments bona fide error defense debt collector sole recourse avoid potential liability addressed similar argument heintz petitioner urged certain act substantive provisions generate term debt collector read include litigating lawyers among things petitioner heintz contended bar communication consumer notifies debt collector refusing pay debt prohibit lawyer filing lawsuit collect debt agreed odd act interfered way ordinary lawsuit suggested demand reading light several exceptions text provision ibid heintz need authoritatively interpret act provisions observe provisions assumed compel absurd results applied debt collecting attorneys extent fdcpa imposes constraints lawyer advocacy behalf client hardly unique law attorney ethical duty advance interests client limited equally solemn duty comply law standards professional conduct nix whiteside lawyers face sanctions among things suits presented improper purpose harass cause unnecessary delay needlessly increase cost litigation fed rules civ proc model rules professional conduct adopted many impose outer bounds attorney pursuit client interests see aba model rules professional conduct requiring nonfrivolous basis law fact claims asserted truthfulness third parties circumstances lawyers may face personal liability conduct undertaken representation client see central bank denver first interstate bank denver person entity including lawyer employs manipulative device makes material misstatement omission purchaser seller securities relies may liable primary violator securities exchange commission rule moreover lawyer interest avoiding fdcpa liability may always adverse client courts held clients vicariously liable lawyers violations fdcpa see fox citicorp credit see also first interstate bank fort collins soucie app suggestion reading create unworkable consequences also undermined existence numerous state consumer protection debt collection statutes contain bona fide error defenses either silent expressly exclude legal several enacted debt collection statutes contain neither exemption attorney debt collectors bona fide error defense see mass laws ch west md com law code ann lexis rev stat stat generally group amici supporting jerman inform us aware judicial decisions interpreting parallel state bona fide error provision civil regulatory statute immunize defendant mistake law except minority statutes expressly provide see brief state new york et al amici curiae neither carlisle amici dissent demonstrate lawyers suffered drastic consequences state regimes dissent view policy concerns evidence congress intended reading adopt today post dissent reading raises concerns dissent focuses facts case attorney debt collector dissent view acted reasonably every step committed technical violation resulting actual harm debtor post dissent legal theory limit defense attorney debt collectors technical approach appears nonlawyer debt collectors obtain blanket immunity mistaken interpretations fdcpa simply seeking advice legal counsel moreover many debt collectors compensated percentage money recovered financial incentive press boundaries act prohibitions collection techniques far obvious immunizing debt collectors adopt aggressive mistaken interpretations law consistent statute broadly worded prohibitions debt collector misconduct jerman amici express concern dissent reading give competitive advantage debt collectors press boundaries lawful conduct foresee race bottom driving ethical collectors business brief petitioner brief public citizen et al amici curiae difficult square result congress express purpose eliminate abusive debt collection practices debt collectors insure debt collectors refrain using abusive debt collection practices competitively disadvantaged dissent reading also invites litigation debt collector subjective intent violate fdcpa adequacy procedures maintained avoid legal error cf barlow maxim ignorance law excuse civil criminal liability results extreme difficulty ascertaining bona fide interpretation party courts read permit defense adopted varying formulations legal procedures reasonably adapted avoid legal error among uncertainties dissent explain whether read impose heightened standard procedures attorney debt collectors must maintain compared nonattorney debt collectors increased cost prospective plaintiffs time fees uncertainty outcome may chill private suits statutory right action undermining fdcpa calibrated scheme statutory incentives encourage cf ftc collecting consumer debts challenge change commission receives debt collection complaints per year feasible federal government law enforcement exclusive primary means deterring possible law violations state amici predict dissent reading consumers little incentive bring enforcement actions law unsettled circumstances debt collector easily claim bona fide error law view resulting enforcement gap extensive federal state levels see brief state new york et al amici curiae short policy concerns identified dissent tell half sum foresee decision today place unmanageable burdens lawyers practicing debt collection industry extent debt collecting lawyers face liability mistaken interpretations requirements fdcpa carlisle amici dissent shown result absurd warrant disregarding weight textual authority discussed heintz absent showing arguments act strikes undesirable balance assigning risks legal misinterpretation properly addressed congress extent congress persuaded policy concerns identified dissent require recalibration fdcpa liability scheme course free amend statute congress wide latitude instance revise excuse mistakes law grant broader discretion district courts adjust plaintiff recovery may however read statutory language naturally supports therefore hold bona fide error defense apply violation fdcpa resulting debt collector incorrect interpretation requirements statute reasons discussed judgment appeals sixth circuit reversed case remanded proceedings consistent opinion ordered karen jerman petitioner carlisle nellie rini kramer ulrich lpa et al writ certiorari appeals sixth circuit april justice breyer concurring respondents point interpretation fair debt collection practices act may create dilemma lawyers regularly engage debt collection including litigation see brief respondents heintz jenkins lawyers act best interests clients face personal liability rely interpretations act later rejected threat personal liability lead less best clients majority points however statute offers way though panacea dilemma ante faced legal uncertainty lawyer turn federal trade commission ftc commission advisory opinion cfr receives opinion acts upon dilemma disappears fails follow opinion acted good faith fairly held liable follows opinion statute frees liability debt collectors immune liability act done omitted conformity advisory opinion federal trade commission see also hobbs et national consumer law center fair debt collection ed ftc course may refuse issue opinion see cfr providing commission issue advisory opinions practicable matter involves substantial novel question fact law clear commission precedent significant public interest apparently within past decade ftc received seven requests issued four opinions see tr oral arg see also federal trade commission commission fdcpa advisory opinions online http visited apr available clerk case file yet dilemma described prove serious expect ftc receive requests respond thereby reducing scope problem point available tools damages caps vicarious liability prove adequate see ante understanding agree join opinion karen jerman petitioner carlisle nellie rini kramer ulrich lpa et al writ certiorari appeals sixth circuit april justice scalia concurring part concurring judgment join opinion except reliance upon two legal fictions portion reasoning consists language fair debt collection practices act fdcpa act tracks language truth lending act tila nine years enactment tila enactment fdcpa three courts appeals interpreted tila bona fide error defense referring clerical errors ante relying statement bragdon abbott congress repetition new statute statutory language judicial interpretation indicates intent incorporate judicial interpretations well concludes three appeals cases suppor inference congress understood statutory formula chose fdcpa consistent federal appeals interpretations tila ante let assume though believe counts congress intended even intent finds expression enacted text large majority circuits lengthy period time uniformly reached certain conclusion meaning particular statutory text may reasonable assume congress aware holdings took correct intended meaning adopting seems unreasonable however assume congress bill contains language used earlier statute aware approves correct mere three appeals decisions interpreting earlier statute previous nine years one really believe majority houses congress knew three cases accepted correct even case district opinions state opinion concluded contrary defense covered legal errors see ante legal fiction nothing said except sometimes make job easier acknowledges interpretations three federal courts appeals may meaning tila bona fide error defense says reason suppose congress disagreed interpretations ante perhaps reason suppose knew agreed either presumably proposition cites even assuming moreover congress knew approved cases support conclusion today three said tila bona fide error defense covered clerical errors see ives grant available clerical errors haynes logan furniture mart basically clerical errors palmer wilson lerical errors violations section designed excuse yet specifically interprets identical language fdcpa providing defense clerical errors also factual errors see ante see also ante suggesting really finds three courts appeals interpretations tila indicative congressional intent fdcpa restrict decision accordingly support inclusion factual errors nothing text fdcpa limiting excusable intentional violations based clerical errors since long tradition common law construction federal statutes distinguishing errors fact errors law opinion also makes fulsome use legal fiction legislative history ranging single representative floor remarks house bill became fdcpa ante single representative remarks senate subcommittee hearing house bill three senate bills two senate committee reports dealing fdcpa amendments tila ante remarks committee markup senate bill fdcpa ante house report dealing earlier version fdcpa ibid conscientious attorney really expected dig congressional intent floor remarks committee hearings committee markups committee reports covering many different bills many years addresses legislative history merely sake completeness ante encourages indeed prescribes wasteful happens moreover one supposedly authoritative snippets legislative history senate committee report dealing meaning tila clearly amendment tila bona fide error defense clarified defense make clear applies mechanical computer errors pp likewise american law report cites ante relies another senate committee report describes amendment clarifying prevailing view defense applies clerical errors lockhart fed legal fiction contradicts conclusion language fdcpa identical original tila defense applies mistakes fact legislative history used used impartially legislative history almost always something everyone dismisses wave hand seems persuasive legislative history legislative history ever persuasive case respondents point senate committee report fdcpa says debt collector liability violates act manner including regard act coverage violation unintentional occurred despite procedures designed avoid violations emphasis added claims mistake act coverage passage might refer factual mistakes debt collector mistaken belief particular debt arose nonconsumer transaction therefore act ante explanation seems inadequate lawyer indeed one speaking accurately equate mistake regarding act coverage mistake regarding whether particular fact situation falls within act coverage act covers act coverage one thing whether particular case falls within act coverage something else even contrary perception phrase used refer things principle reject plausible meaning fact attorneys excluded act definition collector contends support conclusion errors law covered attorneys ones able claim defense make legal mistakes also sometimes receive rely upon erroneous legal advice attorneys indeed anyone satisfy defense requirement maintaining procedures reasonably adapted avoid legal error debt collector follows procedure directing legal questions attorney also points equivocal evidence senate committee final markup session ante minimizes decidedly unhelpful discussion scope defense session response concern defense construed like tila defense protecting mathematical error staff member explained differences nature statutes fdcpa defense broader tila defense apply violation act unintentional see senate committee banking housing urban affairs markup session debt collection legislation july emphasis added chairman asked simply mathematical error bona fide error without intent emphasis added staff member responded correct ibid repeated use violation bona fide error supports natural reading committee report statement regarding act coverage including legal errors scope act rather factual errors ultimately dismisses senate committee report ground legislative record taken whole lend strong support carlisle view ante think reasonable give zero weight snippets legislative history relies upon reason senate committee report bill became fdcpa flatly contradicts almost invariably case opinions benefit use legislative history today opinion probably suffers better spare us results research however painfully exhaustively conducted might textual analysis stands without need indeed assistance two fictions discussed accordingly concur judgment karen jerman petitioner carlisle nellie rini kramer ulrich lpa et al writ certiorari appeals sixth circuit april justice kennedy justice alito joins dissenting statute consideration fair debt collection practices act fdcpa et seq statute excepts liability debt collector bona fide error provided intentional reasonable procedures maintained avoid today interprets exception exclude legal errors adopts questionable interpretation rejects straightforward quite reasonable interpretation statute plain terms decision aligns judicial system use litigation enrich expense attorneys strictly follow adhere professional ethical standards law used punish mistakes adopting reasonable safeguards enough avoid liability costs discovery litigation used force settlement even absent fault injury suits transform technical legal violations windfalls plaintiffs attorneys failing adopt reasonable interpretation counter excesses risks compromising institutional responsibility ensure workable litigation system interpretation fdcpa today endorses entrench eliminate troubling aspects legal system convinced congress intend result submit respectful dissent fdcpa addresses abusive debt collection practices regulating interactions commercial debt collectors consumers see ante statute permits private suits debt collectors violate provisions exception liability provided bona fide error defense debt collector may held liable action debt collector shows preponderance evidence violation intentional resulted bona fide error notwithstanding maintenance procedures reasonably adapted avoid error language exclude mistakes law naturally read include certainly mistaken belief law held good faith bona fide error phrase normally understood see black law dictionary ed defining error belief false true true false def ibid mistake law fact tribunal judgment opinion order def ibid listing categories legal errors choice words provides reinforcement view bona fide error exception applies violation intentional resulted bona fide error term violation specifically denotes legal infraction see infraction breach law transgression def statutory term violation thus stands direct contrast provisions fdcpa describe conduct applies specific terms debt collector may use false deceptive misleading representation means connection collection debt general ones referring act done omitted good faith linking mens rea requirement intentional word violation rather conduct giving rise violation act terms indicates bona fide error exception applies legal errors well factual ones precedents accord interpretation federal statutes link term violation mens rea requirement interpreted excuse legal mistakes see mclaughlin richland shoe phrase arising willful violation fair labor standards act applies employer either knew showed reckless disregard matter whether conduct prohibited statute trans world airlines thurston damages provision age discrimination employment act applies cases willful violations creates liability employer knew showed reckless disregard matter whether conduct prohibited adea internal quotation marks omitted cf liparota prohibition use food stamps received violation federal law undeniably requires knowledge illegality emphasis deleted fdcpa use violation thus distinguishes authorities relied upon demonstrate defenses disfavored see ante citing kolstad american dental response something distinctive word willful suggests excuse mistakes law may well true criminal statutes terms distinguished regard ante citing safeco ins america burr distinction specific criminal context different criminal law term used criminal statute regularly read modifier limiting liability knowing violations reading term however tailored criminal law characteristically used require criminal intent beyond purpose otherwise required guilt additional purpose specific intent violate known legal duty created highly technical statutes citations omitted reason citation criminal cases inconsistent see ratzlaf unavailing see ante civil context contrast word willful used impose mens rea threshold liability lower higher intentionality requirement see safeco supra willfulness statutory condition civil liability generally taken cover knowing violations standard reckless ones well avoiding liability statute aimed intentional violations therefore easier harder avoiding liability statute aimed willful violations certainly nothing thurston mclaughlin civil cases suggesting come differently relevant statutes used intentional violation rather willful violation considerations suffice show reasonably read include mistakes law even merely permissible reading however adopted avoid adverse consequences must flow contrary decision reading leads results congress intended fdcpa one many federal laws congress enacted protect consumers number statutes authorize filing private suits use unfair improper practices see fdcpa truth lending act fair credit reporting act federal odometer disclosure act bankruptcy abuse prevention consumer protection act several provisions permit successful plaintiff recover addition actual damages statutory damages attorney fees costs cases punitive damages statutory damages attorney fees costs statutory punitive damages costs attorney fees times actual damages whichever greater costs attorney fees costs attorney fees also explicitly permit suits collateral effect statutes may create incentives file lawsuits even actual harm occurred happens plaintiff recover statutory damages violation attorney receive fees suit successful matter slight injury favorable verdict trial necessarily goal often plaintiff happy settlement attorney receive fees regardless defendant meanwhile may conclude quick settlement preferable costs discovery protracted trial suit attains status financial stakes rise magnitude see recovery lesser per centum net worth defendant present case offers object lesson respondents filed complaint state behalf client mistakenly believed jerman owed money jerman attorney informed respondents debt paid full respondents confirmed fact client withdrew lawsuit might end story respondents informed jerman required dispute debt writing filed complaint matter jerman claimed harm result respondents actions jerman sued damages attorney fees costs including class damages defendants net worth whichever less amended complaint nd ohio addition discovery jerman sought information respondents concerning income net worth partner firm point jerman proposed settle respondents damages attorney fees amended joint app pp case illustrates technical violation complex federal statute give rise costly litigation incentives settle simply avoid attorney fees today holding gives new impetus already troubling dynamic allowing certain actors system spin even technical violations federal law lucrative litigation attorneys conceive suit see federal home loan mortgage lamar referring cottage industry litigation arisen fdcpa internal quotation marks omitted clear congress troubled dynamic precisely enacted bona fide error defense ruling however endorses drives forward dynamic today holding leaves attorneys clients vulnerable civil liability adopting legal positions later determined mistaken even reasonable efforts made avoid mistakes seeks brush aside concerns noting trivial violations give rise little way actual damages trial courts discretion calculating reasonable attorney fees statute ante clear however permitted adjust fee award based assessment suit utility cf perdue kenny post noting reasonableness attaches lodestar calculation attorney fees though properly address question acknowledges courts deemed fee awards victorious plaintiffs even plaintiff suffered damage ante second response fdcpa guards abusive suits suits brought bad faith purpose lead fee award defendant ante quoting yet safeguards deter suits based technical harmless violations statute plaintiff obtains favorable judgment settlement definition suit brought bad faith see emanuel american credit fdcpa defendant claim malicious prosecution succeed unless action subject claim unsuccessful present case instructive jerman brought suit without pointing actual harm resulted respondents actions time complaint filed open question sixth circuit whether debt collector demand debt disputed writing district courts circuit reached different answers ante trial case happened side jerman issue supp nd ohio seems unlikely labeled suit abusive bad faith even gone way good basis optimism one contemplates practical consequences today decision given complexity fdcpa regime see cfr pt fdcpa regulations technical violations likely common indeed acknowledges inevitable see ante long legal mistakes occur plaintiffs attorneys incentive bring suits infractions seems unlikely congress sought create system encourages costly litigation harmless violations committed good faith despite reasonable safeguards construing federal statute courts mindful effect interpretation congressional purposes explicit statutory text fdcpa objective today decision frustrates statutory purpose eliminate abusive debt collection practices ensure debt collectors refrain using practices competitively disadvantaged purposes practices congress addressed involved misconduct deliberate see abusive deceptive unfair debt collection practices misrepresentation abusive debt collection practices unreasonable see prohibiting debt collectors communicating debtors times known inconvenient prohibiting communication credit card information known false explains statutory objective disadvantage debt collectors refrain abusive practices say debt collectors intentionally unreasonably adopt explains congress included error exception exempts violations intentional unreasonable referring abusive debt collection practices however surely congress contemplate attorneys act based reasonable albeit ultimately mistaken legal interpretations debt collector gain competitive advantage making legal errors making factual errors expressly debt collector implemented procedures reasonably adapted avoid reading exclude mistakes law fails align interpretation statutory objectives urges nevertheless policy concerns side frets debt collectors press boundaries act prohibitions potential bottom ante quoting brief petitioner instance view interpreting encompass legal mistakes might mean nonlawyer debt collectors obtain blanket immunity mistaken interpretations fdcpa simply seeking advice legal counsel ante must remembered however may invoked debt collector error bona fide reasonable procedures adopted avoid errors valid persuasive reason assume congress want impose liability debt collector relies good faith reasonable advice counsel anything expect congress think behavior encouraged discouraged also suggests reading include legal errors encourage litigation number issues subjective intent necessary liability procedures necessary avoid legal mistakes standard applies procedures adopted attorney debt collectors compared debt collectors yet questions different ones already raised statute whether debt collector attorney subjective intent must assessed liability determined procedures avoid mistakes whether legal otherwise must reasonable always inquiry provides reason think legal errors raise concerns differ respects raised errors serious reason interpret include legal mistakes heintz jenkins held attorneys engaged litigation may debt collectors purposes fdcpa reaching conclusion confronted allegation interpretation produce anomalous result attorneys liable bringing legal claims debtors claims ultimately proved unsuccessful rejected argument said provides debt collectors defense bona fide errors today relies heintz allay concerns practical implications decision ante yet reads exclude mistakes law thereby producing result heintz said come attorneys may held liable taking reasonable legal positions good faith positions ultimately rejected attorneys represent clients diligence creativity painstaking care within confines law statutory provisions yet interpreted definitive way principled advocacy prized punished surely includes offering interpretations statute permissible even yet settled fdcpa complex statute provisions subject different interpretations see ante identifying splits authority two different fdcpa issues brief national association retail collection attorneys amicus curiae identifying another split see also ante attorneys often find confronted statutory provision susceptible different still reasonable interpretations attorney obligation face uncertainty give client best professional assessment law mandate interpretation fdcpa however even might leave attorney vulnerable suit attorney proceeds based interpretation later rejected courts today decision deems actionable intentional violation personal financial liability soon follow indeed even particular practice compelled existing precedent attorney may sued precedent later overturned adverse consequences evident instant case respondents filed foreclosure complaint jerman behalf client reason doubt debt valid every reason furthermore believe solid legal ground asking dispute amount owed writing see graziano harrison written objection necessary coherent statutory scheme protects debtor creat ing lasting record fact debt disputed jerman disputed debt respondents verified debt satisfied withdrew lawsuit respondents acted reasonably every step yet may still find liable harmless violation today ruling attorneys punished advocacy reasonably deemed compliance law even required distorts legal process henceforth creditors attorneys highest ethical standing encouraged adopt interpretation every question lest attorneys incur personal financial risk disturbing adopts statutory interpretation interject attorney personal financial interests professional ethical dynamics relationship consequences demonstrate untenable statutory interpretation counsel favor different reading see milavetz gallop milavetz slip rejecting reading federal law seriously undermine relationship response possibility nothing new attorneys already comply law standards professional conduct attorneys face sanctions harassing behavior frivolous litigation cases misconduct may give rise personal liability ante response underscores problem approach reading exclude mistakes law ensures attorneys face liability even done nothing wrong indeed even acted accordance professional responsibilities respondents law firm harass jerman file frivolous suit intentionally mislead caused damages injury firm acted upon reasonable legal interpretation district later thought mistaken district position concede conflict published reasoned opinions ante instant case neither appeals decided issue see ante law firm punished making legal error safe attorney must always stick interpretation statute lest automatic liability follow later decision adopts different rule dynamic creates serious concerns relationship also first amendment rights cf legal services corporation velazquez law restricting arguments available attorneys prohibits speech expression upon courts must depend proper exercise judicial power need decide concerns rise level independent constitutional violation see ante recognize counsel problematic interpretation statute see edward debartolo florida gulf coast building constr trades council otherwise acceptable construction statute raise serious constitutional problems construe statute avoid problems unless construction plainly contrary intent congress justice breyer although argues attorney faced legal uncertainty needs turn federal trade commission ftc advisory opinion attorney actions conformity opinion shielded liability ante concurring opinion citing argument misconceives practical realities litigation filings motions made pressing time constraints arguments must offered quickly reply strategic decisions must taken face incomplete information lawyers practice consider alternative realistic particularly defense needed even time generate formal request ftc wait average three four months response assuming ftc responds argument assumes ambiguity statute obvious latent problem apparent conscious decision invoke ftc procedures made problem many instances interpretive alternatives apparent may explain past decade ftc issued four opinions response seven requests see tr oral arg ftc advisory process remedy difficulties opinion cause even ftc opinion obtained moreover ethical dilemma counsel resolved ftc adopts position unfavorable client attorney may still believe ftc mistaken yet today decision attorney good faith continues assert reasonable position contrary risk personal liability alters ethical balance central adversary system reason adopt different still reasonable interpretation avoid systemic disruption ii assert interpretation clearly commanded text instead decision relies amalgam arguments taken together said establish superiority preferred reading withstand scrutiny first relies maxim law excuse person either civilly criminally ante quoting barlow pet doubt principle deeply rooted american legal system cheek yet unhelpful position maxim cites based premise law definite knowable must deemed know mandate ibid see also holmes common law admit excuse ignorance encourage ignorance determined make men know obey words citizens avoid compliance law simply demonstrating failure learn straightforward application principle statutory provisions delineate category prohibited conduct statutes read excuse legal mistakes absent indication legislature meant see armour packing rejecting defendant attempt read defense criminal statute forbidding shippers obtain dispose property less regular rate established ante discussing federal statute imposing liability intentional discrimination present case however asked whether mistake law excuse respondents general prohibition otherwise cover conduct rather issue scope express exception general prohibition good reason think distinction matters one thing presume congress intend create exception general rule silence quite another presume explicit statutory exception confined despite existence sensible interpretations cf kosak although federal tort claims act waives sovereign immunity proper objective attempting construe exception act identify circumstances within words reason exception less internal quotation marks omitted true possible interpretations consistent purposes regulatory scheme terms encompasses without limitation violations intentional resul bona fide error provides reason read language narrowly responds precedents made clear years presumption defenses applies even explicit statutory exceptions ante means one case applied presumption exception years ago barlow declined excuse alleged mistake law despite statutory provision excepted false denomination happened mistake accident intention defraud revenue construing language barlow noted demonstrated congressional intent exclude mistakes law association mistake accident connection furnishes strong ground presume legislature classes cases view mistakes construction law seem little intended excepted proviso accidents construction law unlike provision issue barlow gives indication broad reference bona fide error meant exclude legal mistakes even statutory exceptions normally construed exclude mistakes law moreover guideline apply absent intent depart general rule doubt congress may create defense question whether done see ratzlaf explained see part supra congress made choice plain using word violation indicate mistakes law included second attempts draw contrast administrative penalties federal trade commission act ftc act stat et seq ftc act debt collector may face civil penalties per day acting actual knowledge knowledge fairly implied basis objective circumstances act prohibited fdcpa fed reg amending cfr reasons ftc provision meant provide relatively harsh penalties intentional violations contrast argument continues penalties fdcpa must cover hence must excuse unintentional violations ante argument rests mistaken premise namely must immunize legal errors none misreads statute text applies bona fide errors committed despite maintenance procedures reasonably adapted avoid mistakes sensible reading statute intentional violations punishable heightened penalties ftc act unintentional violations generally subject punishment fdcpa defendant may escape liability altogether proving violation based bona fide error reasonable procedures place nothing incongruous scheme indeed reasons described part supra far less peculiar reading subject attorneys liability legal advocacy even advocacy based accurate assessment case law third construing exclude legal errors points requirement debt collector maintain procedures reasonably adapted avoid error asserts phrase naturally evokes procedures avoid clerical factual mistakes nothing natural reading phrase contrary plain terms distinguish different categories mistakes anything unusual procedures adopted avoid legal mistakes present case instructive according district respondents designated lead fdcpa compliance attorney regularly attended conferences seminars subscribed relevant periodicals distributed leading fdcpa cases attorneys trained new attorneys statutory obligations held regular meetings fdcpa issues see procedures reasonably adapted avoid legal error also accord fdcpa purposes argues nonetheless statute contemplates clerical factual errors type errors mostly naturally addressed series steps followed regular orderly definite way ante quoting webster third new international dictionary made clear steps respondents taken ensure fdcpa compliance simply true also speculates procedures avoid clerical factual errors easier implement procedures avoid legal errors even pure conjecture nothing statute requires statute talk procedures eliminate even errors merely requires procedures reasonably adapted avoid error statute adopts sensible approach requiring reasonable safeguards liability avoided approach interpretation reflects reality practices fourth argues construing encompass defense odds role contemplated ftc ante contends ftc authorized issue advisory opinions statute shields liability act done omitted good faith conformity opinions asks debt collector seek opinion ftc immunity obtained simply relying good faith advice private counsel going suggests debt collectors might affirmative incentive seek advisory opinion resolve ambiguity law prevent claiming immunity violations ante little substance line reasoning acknowledges debt collectors incentive invoke ftc safe harbor even construed include defense safe harbor provides categorical immunity ante additionally debt collector avoids seeking advisory opinion ftc concern answer unfavorable seems quite odds saying ignorance bona fide noted concern encouraging ignorance apply well provision subjects debt collector harsh penalties violating ftc rule actual knowledge knowledge fairly implied basis objective circumstances act unfair deceptive prohibited rule one contends encourage debt collectors avoid learning ftc rules yet doubt permits defense assumes course obtaining ftc advisory opinion reasonably practical possibility reasons stated see part supra doubted even recognizes limited role ftc played ante vidence present administrative practice makes us reluctant place significant weight practical remedy fifth asserts ny remaining doubt preferred interpretation dispelled fdcpa statutory history points fact mirrors bona fide error defense provision earlier enacted truth lending act tila arguing congress sought incorporate fdcpa view courts appeals tila defense applied clerical errors ante justice scalia points claims judicial uniformity overstated see ante opinion concurring part concurring judgment rest three appeals decisions contradicted several district opinions state opinion hardly consistent legal backdrop divine legislative intent also ignores fact three courts appeals construed tila provision apply clerical errors see ives grant haynes logan furniture mart palmer wilson therefore explain reads broadly encompass factual mistakes well even greater significance congress amended tila bona fide error exception explicitly exclude error legal judgment respect person obligations tila see truth lending simplification reform act stat amendment unnecessary congress understood language exclude legal errors natural inference tila language language later incorporated nearly verbatim understood cover errors responses point perplexing first says amendment obvious ly change scope tila bona fide error defense given uniform interpretation defense given courts appeals ante thus prefers make entire statutory amendment surplusage rather abandon dubious assumption congress meant ratify nascent appeals consensus cf corley slip ne basic interpretive canons statute construed effect given provisions part inoperative superfluous void insignificant internal quotation marks omitted second alteration original without evidence speculates perhaps amendment intended codify existing judicial interpretations excluded legal errors ante judicial interpretation truly uniform suggests presumption defenses ironclad need recodification hesitant well give amendment weight congress expressly included mistakes law numerous bona fide error defenses worded pertinent part identically elsewhere code ante emphasis original words refuses read cover mistakes law bona fide error statutes expressly refer mistakes reverse true bona fide error provisions included language might think omission signaled congress intent exclude mistakes law absence language consequently less noteworthy statutes also omit language emphasizes bona fide error defenses like one current version tila expressly exclude legal errors scope ante citing yet also prove opposite says bona fide error defense generally assumed include legal mistakes argues need expressly exclude defense otherwise include errors exclusionary language becomes necessary writing explicit exclusionary language tila federal provisions congress indicated provisions otherwise cover legal errors reasons best read encompass mistakes law affirm judgment appeals footnotes section requires debt collector within five days initial communication collection debt send consumer written notice containing inter alia statement unless consumer within thirty days receipt notice disputes validity debt portion thereof debt assumed valid debt collector district distinguished instance graziano harrison held consumer dispute debt must writing effective noting district courts within sixth circuit reached different results distinguishing one unpublished sixth circuit decision carlisle suggested approved form requirement adopted reasoning camacho bridgeport financial held plain language impose writing requirement consumers see supp question raised appeal appeals address whether carlisle inclusion writing requirement violated likewise express view whether inclusion writing requirement notice consumer violates question presented petition certiorari compare graziano supra reading require dispute effective must writing camacho supra disputes need made writing compare case baker servs hulshizer global credit per curiam courts appeals also expressed different views whether applies violations fdcpa resulting misinterpretation requirements state law compare johnson riddle concluding applies debt collector misinterpretation utah dishonored check statute resulted violation prohibits collection amount permitted law picht jon hawks stating preclude fdcpa liability resulting creditor mistaken legal interpretation minnesota garnishment statute parties disagree whether applies violation results debt collector misinterpretation legal requirements state law federal law fdcpa compare brief petitioner brief respondents case involves alleged misinterpretation requirements fdcpa need reach questions dissent discounts relevance principle grounds case involves scope statutory exception liability rather provision delineat ing category prohibited conduct post opinion kennedy distinction without difference precedents made clear years barlow involved statute providing forfeiture goods entered false denomination office customs collector benefit drawback bounty upon exportation statute included however exception said forfeiture shall incurred shall made appear false denomination happened mistake accident intention defraud revenue see also act mar stat concluded shipment issue entered refined sugars mislabeled prevailing meaning term thus subject forfeiture unless petitioner ould bring within exceptio accident mistake fact mistake ha wa mistake law observed shipper conduct even entirely compatible good faith wa wholly free suspicion intention overreach passing refined sugars well knew admitted declined resolve case ground shipper intent instead invoking common maxim familiar minds ignorance law excuse person either civilly criminally ibid notwithstanding existence statutory exception expressly exclude legal errors category mistake made without intention defraud saw least reason suppose legislature enactment intention supersede common principle ibid dissent implies barlow old relevant post least context stare decisis suggested precedents tend gain lose respect age see montejo louisiana slip event justice story opinion unanimous barlow hardly relic recently cited venerable principle ignorance law generally defense ratzlaf see also cheek citing barlow similar proposition different considerations apply course interpreting criminal statutes safeco ins america burr even context consistently required knowledge offending conduct unlawful see ellis observing context statute imposing liability intentiona violat ions man intentionally adopts certain conduct certain circumstances known conduct forbidden law circumstances intentionally breaks law sense law ever considers intent indeed international minerals faced evidently rejected distinction dissent draw today term reference conduct giving rise violation post noted international minerals rejected defense statute applied knowingly violat certain regulations however expressly acknowledged contrary view adopted one lower opinion knowledge regulations necessary citing johnsbury trucking magruder concurring dissenting opinion international minerals quoted extensively portions johnsbury concurrence reached result contrasting statute making offense knowingly sell adulterated one makes offense violat regulation stewart dissenting quoting johnsbury supra liparota also inapposite cf post kennedy dissenting concluding defense available provision specifies particular conduct undertaken food stamp coupons manner violation law says little meaning intentional violation indeed statute liparota bears closer resemblance administrative penalty provision see supra one carlisle amici suggests ftc safe harbor provide categorical immunity obviating need maintain procedures reasonably adapted avoid error brief national association retail collection attorneys amicus curiae narca brief even true need conclude ftc safe harbor rendered entirely superfluous reason existence provision counsels extending bona fide error defense serve overlapping function carlisle raises concerns whether light contemporary administrative practice ftc safe harbor realistic way debt collectors lawyers seek guidance numerous legal issues arise litigation practical concerns return change understanding statutory text likely intent enacting congress see ives grant concluding bona fide error defense unavailable despite creditor reliance selecting language credit contract forms pamphlet issued federal reserve board haynes logan furniture mart section offers shelter liability defendant whose error judgmental respect legal requirements act clerical nature palmer wilson similar carlisle contends meaning tila defense unsettled time fdcpa enactment relying first several district opinions extending defense legal errors see welmaker grant supp nd even assuming congress looked district rather appeals opinions discerning meaning statutory language applicable circuit precedent cast doubt decisions time fdcpa enacted see turner firestone tire rubber per curiam referring clerical error defense carlisle also relies holding thrift funds baton rouge jones la case louisiana concluded lender mistaken interpretation state usury law amoun intentional violation tila disclosure requirements louisiana occasion address question analogous one consider today whether tila bona fide error defense extended violations resulting mistaken interpretation tila see supra see also starks orleans motors supp ed la distinguishing thrift funds basis aff precedents therefore convince us congress ascribed different meaning statutory language chose fdcpa compare post scalia concurring part concurring judgment herman maclean huddleston concluding congress ratified judicial interpretation statute leaving intact comprehensive revision notwithstanding wo early district decisions subsequently followed adopted contrary view three courts appeals occasion address question time fdcpa enacted render inference unreasonable contra post opinion scalia whether take view inference serves sole interpretative guide conclusion also relies common principles statutory interpretation well statute text structure moreover inference supported fact tila fdcpa enacted complementary titles ccpa comprehensive statute necessary conclusion evidence legislative record demonstrates members congress understood relationship fdcpa existing provisions ccpa see cong rec remarks annunzio civil penalty provisions house version bill consistent ccpa fair debt collection practices act hearings et al subcommittee consumer affairs senate committee banking housing urban affairs statement wylie describing ivil liability provisions house bill standard provisions attach titles ccpa although necessary conclusion evidence legislative record suggests members congress understood amendment clarif meaning tila bona fide error defense make clear applies mechanical computer errors provided result erroneous legal judgments act requirements pp see also lockhart fed amendment intended merely clarify prevailing view bona fide error defense applies clerical errors including errors legal judgment relying concurring dissenting opinions perceive inconsistency references clerical errors well similar references precedents interpreting tila supra reading fdcpa bona fide error defense include factual mistakes post opinion scalia post kennedy dissenting quoted legislative history sources however stating expressly tila defense excludes legal errors discuss distinction clerical factual errors similarly cited cases interpreting tila address distinction factual clerical errors rather courts presented claims defense applied mistakes law nonfactual errors courts found bona fide see ives haynes palmer factual mistakes might circumstances constitute bona fide errors give rise violations intentional within meaning need decide today precise distinction clerical factual errors kinds factual mistakes qualify fdcpa bona fide error defense cf generally hobbs national consumer law center fair debt collection ed supp surveying case law scope government observes several federal agencies construed similar bona fide error defenses statutes administer exclude errors law see brief amicus curiae secretary housing urban development instance promulgated regulations specifying bona fide error defense real estate settlement procedures act apply error legal judgment cfr ii administrative interpretations statutes control reading fdcpa find telling agency adopted view appeals course nothing opinion today addresses validity regulations authority agencies interpreting bona fide error provisions statutes adopt different reading see national cable telecommunications assn brand internet services instance amendment proposed rejected senate banking committee consideration fdcpa required proof debt collector violation knowin senator riegle one act primary sponsors opposed change explaining bill reflected view certain things happen period hether somebody knowingly willfully know good heart bad heart really quite incidental see senate committee banking housing urban affairs markup session debt collection legislation july hereinafter markup see also ibid left way disputes adj dicated brought somebody say know computer malfunctioned something happened intend effect similar effect house report earlier version bill explained need new legislation governing use mails debt collection grounds existing statutes frequently require showing specific intent difficult prove elsewhere sure legislative record contains statements supportive carlisle interpretation particular concern raised july markup session tila bona fide error defense interpreted protecting mathematical error fdcpa defense go beyond tila allow courts discretion dismiss violation technical error markup response staffer explained fdcpa defense apply violation act unintentional answered affirmatively chairman asked simply mathematical error bona fide error without intent whatever precise balance statements may conclude equivocal evidence legislative history displace clear textual contextual authority discussed dissent also cites several statutes tila fair credit reporting act et view create incentives file lawsuits even actual harm occurred illustrative dissent perceives troubling dynamic allowing certain actors system spin even technical violations federal law lucrative litigation post dissent concern primarily congress policy choice embodied statutory text authorize private rights action recovery attorney fees costs cases actual statutory damages noted one statutes dissent cites congress explicitly barred reliance defense notwithstanding highly technical nature scheme see tila ford motor credit milhollin similarly plain text fdcpa authorizes private plaintiff recover actual damage harm suffered also additional damages may allow courts appeals generally review district calculation attorney fee award abuse discretion see carroll wolpoff abramson emanuel american credit exchange many district courts apply lodestar method permitting downward adjustments appropriate circumstances see schlacher law offices phillip rotche relying hensley eckerhart ferland conrad credit per curiam see generally hobbs fair debt collection schlacher instance affirmed downward adjustment unnecessary use multiple attorneys straightforward fdcpa case carroll found abuse discretion district award attorney fee rather lodestar amount lawsuit recovered damages technical violation fdcpa lower courts taken different views whether requires award attorney fees compare tolentino friedman award fees successful plaintiff mandatory emanuel supra even plaintiff suffered actual damages graziano attorney fees may denied plaintiff bad faith conduct johnson eaton attorney fees available plaintiff succeeded establishing defendant liable actual additional damages reading deter suits brought means generating attorney fees need resolve issues today express doubt reading impose unmanageable burdens debt collecting lawyers see brief ohio creditor attorneys association et al amici curiae nn identifying state consumer protection debt collection statutes expressly exclude legal errors defenses bona fide errors see stat ann provision kansas consumer credit code providing defense bona fide error law fact ind code west defense creditor bona fide error law fact indiana home loan practices act dissent also downplays predicate fact respondents case brought foreclosure lawsuit jerman debt already repaid neither lower courts asked consider thus express view whether carlisle subject liability fdcpa uncontested error regardless reasonably carlisle may acted mistake pointed jerman privately retained lawyer compare hartman great senaca financial suggesting reasonable procedures might include perform ing ongoing fdcpa training procur ing recent case law hav ing individual responsible continuing compliance fdcpa johnson riddle suggesting researching case law filing test case might sufficient remanding jury determination whether limited legal analysis undertaken sufficient whether test case fact sham dissent adds passing today decision creates serious concerns first amendment rights post citing legal services corporation velazquez claim neither raised passed upon mentioned neither certiorari papers parties merits briefing decline express view see cutter wilkinson fdcpa amended eight times since enactment recent amendment addressed concern unrelated question consider today specifying pleading civil action initial communication triggering obligations requiring written notice consumer financial services regulatory relief act stat codified footnotes course many federal courts read language way text probably clear enough resort unexpressed congressional intent unnecessary indeed said uniform longstanding judicial interpretation established public meaning text whether members congress aware cases understanding text reasonable people familiar legal context page cited senate committee report actually support american law report statement makes mention clarification judicial interpretations merely amendment intended provide protection errors clerical mechanical nature