FDCPA News

Collections & Recovery

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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9th Cir. Holds Foreclosure Trustee Not FDCPA ‘Debt Collector’

3 November 2016

Florida Court Holds Notice of Bankruptcy Sufficient for ‘Actual Knowledge’ of Representation by Counsel Under FCCPA

3 November 2016

FDCPA Case Law Review for October 2016

2 November 2016

Eastern District of N.Y. Rules Fee May Be Collected with Principal Balance, Requesting Prompt Contact is Permissible

26 October 2016

Supreme Court Takes On Chapter 13 Bankruptcy Mess Created by FDCPA Ruling

20 October 2016

Colorado Publishes FDCPA Sunset Review

18 October 2016

U.S. Supreme Court Agrees to Hear FDCPA Case

12 October 2016

Court Holds Company Licensed as Debt Collector is Not a Debt Collector Under FDCPA if Servicing Debt Not in Default

12 October 2016

Will Supreme Court Provide Definitive Answer on Whether Filing Proof of Claim on Out-of-Statute Debt is an FDCPA Violation?

3 October 2016

U.S. District Court Rules Letter with Internal Reference Number Does Not Violate FDCPA

29 September 2016

8th Circuit: Debt Collector May Call Third Party More Than Once Without Violating FDCPA

28 September 2016

Podcast: Should Debt Collectors Email Consumers?

20 September 2016

Seventh Circuit Holds that a Validation Notice in a Complaint to Collect a Debt Violated §1692e of the FDCPA

19 September 2016

5th Circuit Rules Against Collector For Not Making Disclosures in Time-Barred Debt Case

14 September 2016

FDCPA Case Law Review for August 2016, a Busy Month

8 September 2016

DC Circuit Rejects FDCPA ‘Meaningful Involvement’ and Related State-Law Claims

7 September 2016

4th Cir. Holds Time-Barred Proof of Claim Does Not Violate FDCPA

7 September 2016

CFPB’s Proposal for Collection of Decedent Debt: a Misguided Approach (Part 2 of 2)

31 August 2016

CFPB’s Proposal for Collection of Decedent Debt: a Misguided Approach

30 August 2016

President of FMA Alliance Shares Experience at Debt Collection SBREFA Hearing

29 August 2016