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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Second Circuit Sides with CAC Financial on Reverse Avila Issue, Unpersuaded By Argument that Previous Accrual of Interest is Confusing to Consumer

1 November 2018
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N.D. Illinois Cuts Attorney Fees Award Due to Rejection of Settlement Offer Earlier in Litigation

30 October 2018
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7th Circuit: Bring Possible Arbitration Agreement to Court’s Attention Early to Prevent Waiver

24 October 2018
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Court Finds BCFP's Claims Were Not Meritless, Denies Weltman's Request for Attorneys' Fees, Partially Grants Requests for Costs

23 October 2018

N.D. Illinois: “Competent Attorney” Standard Applies to Letter Sent to Consumer’s Attorney Even if Debt Discharged in Bankruptcy

22 October 2018
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Debt Collector Requirement to Authenticate Consumer Comes to a Head

18 October 2018
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BCFP: Fix the Authentication Dance Between Consumers and Collectors

18 October 2018
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E.D. Wisconsin: FDCPA Does Not Require Specific Labels for Creditor, Identifying Both Comenity and PayPal is Not Misleading

16 October 2018
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Debt Collection Drill: Federal Courts Hold that Standard Validation Notice Violates the FDCPA. Now What?

15 October 2018
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N.D. Illinois Reviews Bona Fide Error Defense Where Debt Collector Serves Wrong Party with Same Name as Consumer

10 October 2018
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BCFP Enters Consent Order with Bluestem for Delayed Forwarding of Direct Payments on Sold Accounts

9 October 2018
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Third Judge in D.N.J. Rules Language Inviting Calls with Questions in Validation Letter Does Not Mislead Consumers About Writing Requirement for Disputes

4 October 2018

Text Messages: Elements of Terms and Conditions for Third-Party Debt Collection Industry

2 October 2018
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E.D.N.Y. Sanctions Plaintiff and His Counsel for Failing To Voluntarily Dismiss or Amend Complaint Not Supported by Available Evidence

1 October 2018
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N.D. Illinois: Debt Buyer Cannot Collect Interest if Implicitly Waived by Original Creditor’s Actions; Finds Debt Buyer is Subject to FDCPA

27 September 2018
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Nevada Court Finds No Cognizable Injury-in-Fact in Avila Interest Disclosure Claim

25 September 2018
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M.D. Georgia Finds No Stand-Alone Defense for Relying on Debt Information Provided by Creditor

24 September 2018

Is It “Debt Collection” If You Never Asked For Money? U.S. Supreme Court to Review in October 2018 Term

20 September 2018

Report Ordered on House Bill Requiring BCFP to Provide Guidance on Compliance with Consumer Financial Protection Laws

18 September 2018
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Start Mastering the Text Message and Make Next Year Your Best Yet

11 September 2018

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