After Debtor Loses Suit Against Harassing Debt Collector, Student Loan Gets Larger.

Plaintiff brought an action against a debt collector under the Fair Debt Collection Practices Act [FDCPA; 15 USC § 1601] alleging she was harassed and falsely threatened in order to collect a debt after she defaulted on her student loan guaranteed by Ed Fund, a division of the California Student Aid Commission. Both the trial and appellate courts rejected her arguments. Defendant was awarded $4,543.03 in costs under Federal Rules of Civil Procedure, rule 54, subsection (d)(1), which gives district courts discretion to award costs to prevailing defendants unless a federal statute provides otherwise. The United States Supreme Court held the courts have discretion to award costs to a defendant under the FDCPA.  Marx v. General Revenue Corporation  (U.S. Sup. Ct.; February 26, 2013) 133 S.Ct. 1166, [24 Fla.L.Weekly Fed.S 60].