Fair Debt Collection: 11.13.9 Costs
The FDCPA provides that a collector is liable to the consumer for costs in the case of any successful action.1291 The use of the words “is liable” in section 1692k(a)(3) strongly suggests the inapplicability of the Federal Rule of Civil Procedure 54(d) standard that gives the court broad discretion as to the awarding costs. Instead, section 1692k(a)(3) makes the award mandatory.1292