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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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This First-Party Thing is Heating Up

20 September 2017
An animated image of a judge facing two lawyers in court [Image by creator cookart from AdobeStock]

Court Rules “Reply-by” Date Falling Outside 30-day Validation Notice Not a FDCPA Violation

20 September 2017
Photo of courthouse building with "judicial" written on it [Image by creator Natalia Bratslavsky from AdobeStock]

Court Sanctions Plaintiff’s Attorney a Second Time in FDCPA Case

14 September 2017
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CFPB Report Highlights Debt Collection Issues; Collectors AND Creditors Should Take Note

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

9th Circuit Opinion Highlights Right to Cure Provision in California’s Rosenthal FDCPA

12 September 2017

House Committee Meets Today to Consider Change to FDCPA

7 September 2017

3rd Circuit: 2nd Collection Letter Within 30 Days of First Letter is "Overshadowing"

7 September 2017
An animated image of a judge facing two lawyers in court [Image by creator cookart from AdobeStock]

NJ Judge Disagrees with NY Judge in FDCPA Case Involving Credit Repair Agreement

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

FDCPA Case Law Review for August 2017

6 September 2017

New Collection Letter Lawsuits in California and New York: What Your Agency Needs to Know Now

30 August 2017
A cup of coffee, a pen, and a magnifying glass sitting on a blackboard that says "Lessons Learned" written in chalk [Image by creator Tuomas Kujansuu from AdobeStock]

3 Lessons You Should Take From the Latest 1099(c) Letter Case

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

California District Court Dismisses FDCPA Claim Over a Potential Convenience Fee for Lack of Article III Standing Under Spokeo

23 August 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]

Don’t Cloud the Validation Notice: 8 Tips to Avoid Overshadowing

22 August 2017
Small statue of lady justice [Image by creator sebra from AdobeStock]

District Court Holds 1099-C Language Not in Violation of FDCPA or ICAA

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

Oregon’s District Court: Collection Agencies’ Omissions Don’t Automatically Equal Malevolence

15 August 2017

Debt Collector Prevails by Using Safe Harbor Language on Letters in Current Balance Case

15 August 2017
An animated image of a judge facing two lawyers in court [Image by creator cookart from AdobeStock]

FDCPA Bona Fide Error Defense Did Not Protect Debt Collector Despite Following Controlling Precedent, En Banc Seventh Circuit Rules

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

Two FDCPA Class Actions Dismissed, Citing Supreme Court Ruling in Midland v. Johnson

3 August 2017
Coin jar with sticker that says "medical" [Image by creator vinnstock from AdobeStock]

First Party Servicing on Medical Accounts: The Federal and State Landscape Continues to Shift

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

FDCPA Case Law Review for June and July 2017

31 July 2017

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