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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The True Cost of Litigation: The ARM Industry's Dilemma and One Company's Response
30 January 2019
D.N.J. and E.D. Pa. at Odds: Does a Letter Tracking FDCPA Validation Language Confuse a Consumer or Not?
29 January 2019
E.D.N.Y. Provides Clarity on Identifying Creditor for Store Branded Credit Cards
24 January 2019
Yet Another 1692g "In Writing" Case Denied Dismissal in E.D. Pa.
23 January 2019
An Open Letter to the CFPB: Court Rulings on Validation Notice Hurt Consumers and Collectors
22 January 2019
Lack of Settlement Payment Due Date Raises Issues in E.D. Wisc., “Promptly” is Not Enough
17 January 2019
Sixth Circuit: “Cease” Requirement Includes Third Party Activities Put Into Action by Debt Collector
14 January 2019
Supreme Court Split in Unexpected Ways During Oral Arguments for Obduskey v. McCarthy & Holthus LLP
10 January 2019
Compliance Checklist for Collection Professionals – A Look Back at 2018’s Most Critical Issues
7 January 2019
Make Sure Debt Itemization Adds Up, According to District of Connecticut
19 December 2018
November FDCPA Case Law Review
12 December 2018
Encore Enters $6M Settlement Agreement with 42 State AGs, DC AG in Affidavit Robosigning Matter
5 December 2018
D.N.J.: If Relationship Between Collector and Creditor is Clear, Including Chain of Title Does not Make Creditor Identification Unclear
4 December 2018
CRC Proposes Comprehensive Solution to Consumer Communications Challenges
27 November 2018
District Court Stays Case Pending U.S. Supreme Court’s Decision in Obduskey v. Wells Fargo
26 November 2018
BCFP Files Amicus Brief in U.S. Supreme Court Case, Concludes Law Firm Did Not Engage in Debt Collection by Initiating Nonjudicial Foreclosure
19 November 2018
FDCPA Caselaw Review for October 2018
15 November 2018
Presentation Highlights Emerging Trends, Innovation, and Robocall Blocking at TransUnion's Third Party Conference
12 November 2018
Sending Second Validation Notice Within 30-Day Validation Window May Confuse Consumers, According to Eastern District of Wisconsin
7 November 2018
iQor, Allied Interstate Settle with CA District Attorneys for $9M in Call Volume Case
5 November 2018