FDCPA News

Collections & Recovery

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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[Image by creator iQoncept from AdobeStock]

FTC Announces $700,000 Settlement with Debt Collector

15 February 2017

District Court Rules FDCPA Plaintiff Not Entitled to Second Bite of the Apple

14 February 2017

Court Rules 125 Calls in 135 Days is Not FDCPA Violation

9 February 2017

Colorado Holds Hearing on Whether to Sunset Its Fair Debt Collection Practices Act

6 February 2017

Trump Orders Review of Dodd-Frank; Wants to Roll Back Regulation of Financial Institutions

6 February 2017

9th Circuit Rejects "Worthless" Settlement in FDCPA Voicemail Case Where Message Left Was Similar to One Proposed by CFPB

2 February 2017

Letter Asking Consumer to Consider Payment Arrangements and Requiring Signed Consent Judgment Deemed FDCPA Violation

1 February 2017

Pennsylvania Judge Rules in Favor of Law Firm, Notes that Evidence Matters

31 January 2017

Oregon Court Rules in Favor of Agency Over Collection Letter

30 January 2017

Collector Contact Caps and the Application of “Regulatory Humility”

30 January 2017

Virginia Court Issues Nuanced Ruling in Case Involving Letters Referencing Wage Garnishment

26 January 2017

District Court Says Plaintiff Has Standing in FDCPA Envelope Case, in Spite of Spokeo Argument

24 January 2017

Court Rules in Favor of Plaintiff on Out of Stat Letter

23 January 2017

Supreme Court To Decide Whether Financing Company Collecting Debts Is A “Debt Collector” Under The FDCPA

23 January 2017

FDCPA Case Law Review for December 2016

18 January 2017

SCOTUS Hears Oral Arguments on FDCPA Out-of-Statute Debt Case

18 January 2017

New York Court Rules in Favor of Passive Debt Buyer

17 January 2017

Court Rejects Spokeo Argument - Declines to Dismiss FDCPA Envelope Case

12 January 2017

Collection Agency Fights the Good Fight (and Wins!)

11 January 2017

U.S. District Court in Indiana Rules 1099(c) Disclosure by Collection Agency is Not Misleading

11 January 2017