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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Yes, Debt Collectors Can Still Call Numbers Supplied to Creditors as Part of Underlying Transaction
8 October 2020
Are Your Debt Collection Communications Getting Through and Timed Right?
6 October 2020
Interest Disclosure Cases Haven't Stopped, but Plaintiffs Keep Losing
1 October 2020
In the Nick of Time: NYC DCA Releases Glossary and Translations of Commonly-Used Terms
30 September 2020
The Slow Demise of Recent Collection Letter Overshadowing Claims
24 September 2020
2nd Cir. Holds FDCPA Defendant’s ‘Bona Fide Error’ Defense Should Go to Jury
22 September 2020
Bona Fide Error Defense Doesn't Always Apply in "Amount of Debt" Cases
14 September 2020
Credit Reporting Issues and False Threats from Debt Collectors—Featured Topics in CFPB's Supervisory Highlights
10 September 2020
CFPB Sues Encore for Issues Related to Collection Litigation and Time-Barred Debts (and the Irony Behind Some of These Claims)
9 September 2020
Plaintiff's Counsel Drops the Ball, Court Grants Summary Judgment for Debt Collector
3 September 2020
Neither Snow Nor Rain Nor Heat Nor Gloom of Night: Debt Collection and the USPS
26 August 2020
Another Overshadowing FDCPA Claim Bites the Dust
25 August 2020
Dismissals of Overshadowing/Letter Format Claims Continue in E.D.N.Y.
11 August 2020
Attention ARM Leaders: Debt Collection Payment Portals are Communications Under the FDCPA
6 August 2020
Consumer Relations Consortium Submits Comment to CFPB’s SNPRM for Time-Barred Debts
5 August 2020
7th Circuit Reiterates: Credit Reporting Medical Debts Separately is Not a Violation
4 August 2020
New Bill in House, Would Amend FDCPA to Prohibit Consumer Debt Collection During National Disasters or Emergencies
29 July 2020
Audit What You Credit Report or Lose the Bona Fide Error Defense
27 July 2020
Legal-Related Language in Collection Letters, and How N.D. Illinois Can't Make Up Its Mind
16 July 2020
4th Cir. Holds Each FDCPA Violation Subject to New Statute of Limitations
15 July 2020