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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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[Image by creator James Steidl from AdobeStock]

FDCPA Case Law Review for April 2016

11 May 2016

Another Court Finds a 1099(c) Disclosure May Be False, Deceptive or Misleading

6 May 2016

CFPB Targets ARM Industry -- Which Practices Should Your Company Avoid?

22 April 2016

Appellate Courts Hold Typical Collection Letters Violate FDCPA

21 April 2016

Summary Judgment Granted Against Dallas Debt Collector for Bad Behavior

15 April 2016

Colorado FDCPA Preparing for Sunset Review

12 April 2016

4th Cir. Confirms Entity Is Not FDCPA ‘Debt Collector’ Merely Because It Purchases Defaulted Debt

12 April 2016

Encore Capital Group Wins Motion to Compel Arbitration in Putative FDCPA Class Action

6 April 2016

Convenience Fees: Potential for Mischief?

4 April 2016

SCOTUS Challenges Plaintiff Argument on Use of AG Letterhead in FDCPA Case

30 March 2016

CBE Group Wins Landmark TCPA Decision Regarding its Patent-pending Product Manual Clicker Application

30 March 2016

FTC Advises Debt Collectors on Use of Text or Social Media to Engage Consumers

29 March 2016
An letter from a debt collector that says "Past Due" in red on the outside [Image by creator Robert Mizerek from AdobeStock]

Second Circuit Court of Appeals Rules Collection Letter Showing a “Static” Current Balance is Misleading

28 March 2016

CFPB Issues Fifth Annual Report to Congress on the FDCPA

25 March 2016

Get Sued If You Do . . . Get Sued If You Don't: The Debt Collector's Conundrum

22 March 2016

Collectors, the FTC Wants You to Know: Do Not Buy, Sell, or Collect on These Debts

21 March 2016

NYDFS and CFPB Sample Request for Substantiation Letters are Awfully Complex

15 March 2016

Court Rules Express Consent Passes from Creditor to Collector

11 March 2016

11th Cir. Upholds Dismissal of FDCPA, FCCPA Complaint for Failure to State Claims

10 March 2016

CFPB Winter 2016 Supervisory Highlights Identifies a "Beneficial" Practice

9 March 2016

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