FDCPA News

The Fair Debt Collection Practices Act (FDCPA) was enacted in 1977 to protect consumers from abusive, unfair, and deceptive practices by third-party debt collectors. The law details when and how a collector may contact a debtor. The government enforcer of the law has historically been the Federal Trade Commission (FTC), but some regulatory duties may be shared with the Bureau of Consumer Financial Protection housed within the Federal Reserve, created in 2010. The FDCPA is a strict civil liability law, which means that a consumer need not prove actual damages in order to claim statutory damages of up to $1,000 per violation plus reasonable attorney fees.

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FDCPA Violation Contrived by Consumer and Attorney? Doesn't Matter, N.D. Ill. Refuses to Find an “Unclean Hands” Defense for Debt Collector

19 March 2019

Second Circuit Opinion Repeats Its Prior Ruling on Interest Disclosures Because of Continued Litigation on Already-Decided Issues

14 March 2019

New Jersey Judges Change Their Minds on 1692g Written Dispute Issues: One Case Dismissed, Another Certified for Interlocutory Appeal

11 March 2019

Should Collectors Change the Validation Notices into Pennsylvania? (Podcast)

7 March 2019

Can the FDCPA’s One-Year Statute of Limitations Be Expanded under the “Discovery Rule”? Supreme Court Will Decide

26 February 2019

U.S. Supreme Court Won’t Hear Triple-Whammy Case, Circuit Split on Written Dispute Requirement Continues

25 February 2019

Third Circuit Rules Passive Debt Buyers are Debt Collectors, May Be on the Hook for Collection Agency's FDCPA Violations

25 February 2019

E.D.N.Y. Calls Out Disagreement Between Second and Third Circuit, Finds Letter Does Not Limit Disputes Options

21 February 2019

5 Highlights from the FCC's Report on Illegal Robocalls

20 February 2019

iA Video Series: Debt, Privacy, and Third Party Disclosure (Part 2: Real Life Scenario and Solution)

20 February 2019

Compliance With FCRA’s Requirement To Investigate A Dispute Within 30 Days Does Not Satisfy The FDCPA’s Requirement To Promptly Report A Disputed Debt

20 February 2019

Two Court Victories Related to Identifying Creditor in Collection Letters

19 February 2019

iA Video Series: Debt, Privacy, and Third Party Disclosure (Part 1: The Problem)

12 February 2019

Federal Court in Texas Finds No Confusion Over Letter with Same Account Number for Two Separate Medical Debts

11 February 2019

Anti-Spoofing Bill Introduced in Calif. State Senate, Spoofing v. Local Number Outpulsing Explained

7 February 2019

Local Number Outpulsing Not Deceptive or Misleading According to E.D. Pa., Outlining Yet Another FDCPA Litigation Dilemma

6 February 2019

Triple-Whammy Petition Before U.S. Supreme Court: Written Requirement for Disputes, Reason for Dispute, and Whether “Least Sophisticated Consumer” is a Question of Law or Fact

4 February 2019