FDCPA News RSS Feed

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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E.D.N.Y. Dismisses Another "Lawyer's Case" For Attempting to Twist Collection Letter Language into an FDCPA Violatoin

5 May 2020
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

Letter Format/Overshadowing Claims Continue to Fall Flat in E.D.N.Y.

30 April 2020
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CFPB Encourages Automated Calls from Banks and Servicers to Consumers Who Need Financial Help

29 April 2020
A white computer keyboard with a large green key that says "Payment" [Image by creator ArtemSam from AdobeStock]

Moral of the Story: Web Payment Portals Need Time-Barred Debt Disclosures if Applicable

28 April 2020
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Trap for the Unwary: Express Consent under the TCPA May not be Consent under the FDCPA

13 April 2020
A judge's gavel sitting on a pile of cash [Image by creator Pakhnyushchyy from AdobeStock]

If Consumer Doesn't Dispute, Creditor Can Also Assume Debt is Valid, Says M.D. Florida (Citing 11th Cir. Case that Already Disposed of the Issue)

9 April 2020
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Cordray Weighs In: Recommends Vigorous Oversight of Debt Collectors During and After COVID-19

6 April 2020
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

5th Cir. Holds No FDCPA Violation When Collection Letter Stated That Amount Due ‘May’ Increase

2 April 2020
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No More Circuit Split: Third Circuit Finds No Written Requirement in 1692g(a)(3), Overturns Graziano

31 March 2020
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Illinois Regulator Issues Guidance to Collectors and Debt Buyers: You're Not "Essential," But Here's What You Can Do

31 March 2020
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CFPB Releases 2019 FDCPA Report; Announces Extension Of Comment Period

30 March 2020
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CFPB Extends Time-Barred Debt SNPRM Comment Deadline

26 March 2020
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COVID-19: Several States Toll Statutes of Limitations on Legal Actions

25 March 2020
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Bill Banning Collection During Major Disasters Introduced in U.S. Senate

24 March 2020
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Attorney's Abandonment of Cases Calls into Question His Adequacy as Class Counsel

17 March 2020
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7th Cir. Rejects Plaintiff’s FDCPA Arguments Regarding ‘Consumer’ Debt

16 March 2020
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ERC Wins Sanctions Against Plaintiff and Plaintiff's Counsel, Court Awards Debt Collector its Defense Costs and Fees

11 March 2020
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Complexity of Calculating Out of Stat Date Rears its Head in Maryland Court Decision

9 March 2020
US Capitol Building [Image by creator Gary from AdobeStock]

U.S. House of Representatives Passes Amendment to FDCPA for Stronger Protection for Servicemembers

4 March 2020
Photo of dice with letters forming the words "rules and regulations" [Image by creator anyaberkut from AdobeStock]

Time-Barred Debt SNPRM Comment Clock Starts Ticking

2 March 2020

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