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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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Church Provides No Sanctuary: Sixth Circuit’s FDCPA Decision May Breathe New Life into TCPA Spokeo Arguments

22 February 2018
AdobeStock-common-sense

Maryland Court Finds Mini-Miranda Not Necessary on Certain Consumer-Initiated Calls

21 February 2018
A man in a suit standing on a ladder with binoculars looking over the top of a city under a sunny sky with wispy clouds [Image by creator Kurhan from AdobeStock]

Debt Collectors Hoping For Relief from Courts on Collection Letter Claims May Soon Get Clarity (podcast)

20 February 2018
Small statue of lady justice [Image by creator sebra from AdobeStock]

N.D. Illinois Makes Reasonable Ruling on Interest Disclosure Requirements

15 February 2018

New Jersey: Including a Phone Number on Initial Letter Does Not Violate the FDCPA

6 February 2018
[Image by creator dpyancy from AdobeStock]

7th Cir. Holds Debt Collector Violated FDCPA Despite Using Miller Safe Harbor Language

29 January 2018
A person pressing a red "full disclosure" button on a keyboard with white keys [Image by creator momius from AdobeStock]

E.D.N.Y. Decides “Settlement May Have Tax Consequences” is an Acceptable 1099C Disclosure

22 January 2018

Committee Meets Today on Bill to Exempt Lawyers from FDCPA

17 January 2018
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

FDCPA Caselaw Review for December 2017

17 January 2018
Blind justice figurine in font of old fashioned books [Image by creator Kaspars Grinvalds from AdobeStock]

Perfect Storm Coalesces as Division of Banks, Debt Buyers and Consumer Lawyers Await Decision in Massachusetts

16 January 2018
Small statue of lady justice [Image by creator sebra from AdobeStock]

Debt Collection Activity Alone Does Not a Debt Collector Make, According to Northern District of Illinois

10 January 2018
Photo of courthouse building with "judicial" written on it [Image by creator Natalia Bratslavsky from AdobeStock]

Judge Was Not Kind to Collection Agency Plaintiffs in RICO Case Decision

9 January 2018

E.D.N.Y. Rips Into Plaintiffs’ Bar on Reverse Avila Claims

21 December 2017
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

FDCPA Caselaw Review for November 2017

21 December 2017
Small statue of lady justice [Image by creator sebra from AdobeStock]

Northern District of NY Agrees with Debt Collector: Pre-Judgment Interest Does Not Trigger Avila Disclosure Requirements

19 December 2017
A young girl with hands thrown up, acting frustrated, in front of a desk with 1970's style phone and typewriter, with hands thrown up [Image by creator djoronimo from AdobeStock]

Richardson v. LVNV Funding, LLC and the Dilemma of Unclear Out-of-Stat Requirements

28 November 2017
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

FDCPA Case Law Review for September and October 2017

22 November 2017
File drawer with one folder in focus, labeled "Dismissed" [Image by creator tashatuvango from AdobeStock]

California Court Dismisses Action for Lack of Jurisdiction Pursuant to Spokeo

16 November 2017
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FCC Commission Meets Tomorrow; Will Address Robocall Blocking

15 November 2017
Man in a suit holding a large cardboard box that says "Dismissed" [Image by creator nito from AdobeStock]

Another Industry Win in the Battle Over Interest Disclosures in Second Circuit

14 November 2017

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