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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Why Every Lawyer And Client Should Be Fighting To Stop The “Meaningful Attorney Involvement” Doctrine From Spreading

17 April 2019
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Consumer not Entitled to Appellate Attorney Fees if Benefit is Solely for Attorney, According to 11th Circuit

15 April 2019
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Credit Report Inquiry Could Be a Third Party Communication That Violates the FDCPA, Says N.D. Ohio

11 April 2019
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11th Circuit: Letter Offering to “Resolve” Out of Stat Account Contains Implicit Threat of Litigation, Requires Out of Stat Disclosure

8 April 2019
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Law Firms Performing Non-Judicial Foreclosure Declared Not a “Debt Collector” by U.S. Supreme Court (sponsored)

1 April 2019
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Debt Buyers in N.D. Illinois Beware: Purchase May Not Transfer Right to Collect Post-Charge Off Interest, According to Court

1 April 2019
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Supreme Court to the Rescue with a Narrow Interpretation of the FDCPA

26 March 2019
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CFPB FDCPA Report Shows Market Trends, Frowns Upon Creditors Responding Directly to Verification Requests

21 March 2019
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U.S. Supreme Court Holds that Law Firms Performing Nonjudicial Foreclosures are Not Debt Collectors

20 March 2019
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Jury Trial Victory for Debt Collector Despite Denial of Summary Judgment Motion, Class Certification

20 March 2019
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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
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Second Circuit Opinion Repeats Its Prior Ruling on Interest Disclosures Because of Continued Litigation on Already-Decided Issues

14 March 2019
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New Jersey Judges Change Their Minds on 1692g Written Dispute Issues: One Case Dismissed, Another Certified for Interlocutory Appeal

11 March 2019
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Should Collectors Change the Validation Notices into Pennsylvania? (Podcast)

7 March 2019
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Can the FDCPA’s One-Year Statute of Limitations Be Expanded under the “Discovery Rule”? Supreme Court Will Decide

26 February 2019
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U.S. Supreme Court Won’t Hear Triple-Whammy Case, Circuit Split on Written Dispute Requirement Continues

25 February 2019
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Third Circuit Rules Passive Debt Buyers are Debt Collectors, May Be on the Hook for Collection Agency's FDCPA Violations

25 February 2019
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E.D.N.Y. Calls Out Disagreement Between Second and Third Circuit, Finds Letter Does Not Limit Disputes Options

21 February 2019
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5 Highlights from the FCC's Report on Illegal Robocalls

20 February 2019
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iA Video Series: Debt, Privacy, and Third Party Disclosure (Part 2: Real Life Scenario and Solution)

20 February 2019

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