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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Circuit Split on Standing Gets Wider: 11th Circuit Tosses FDCPA False/Misleading Claim

8 July 2020
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CFPB Rulemaking Agenda: Final Rules Expected October 2020

1 July 2020
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Wash. AG Sues Debt Collector for Time-Barred Debt Issues

30 June 2020
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CFPB Testing Model Validation Notice...Again

29 June 2020
Image of a compass with the arrow pointing towards the word "trend" [Image by creator Olivier Le Moal from AdobeStock]

Legal Language in Collection Letter Not False/Deceptive/Misleading, Says N.D. Ill.

23 June 2020
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Taskforce Trouble: NACA and Other Consumer Advocates Sue the CFPB

17 June 2020
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DC Cir. Holds FDCPA Plaintiff Lacked Standing Under Spokeo

17 June 2020
Image of a compass with the arrow pointing towards the word "trend" [Image by creator Olivier Le Moal from AdobeStock]

Mid-Year Litigation Review

16 June 2020
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7th Cir. Says Plaintiff Failed to Meet Burden of Proof in "May Be Reported" Collection Letter Language Case

10 June 2020
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In Email, Linked Pages are Considered Part of the "Whole" Message When Evaluating the FDCPA, According to New Mexico Court

3 June 2020
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Legal Action Letter Language Not Considered a False Threat of Litigation

28 May 2020
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The Tide is Changing: E.D.N.Y. Sanctions Plaintiff's Counsel under FDCPA, Awards ~$37k in Fees/Costs to Debt Collector

21 May 2020
A person pushing a button on a laptop that appears to have illustrated white envelopes jumping out of it [Image by creator ra2 studio from AdobeStock]

Greene v. TrueAccord Further Refines Email Best Practices

20 May 2020
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E.D.N.Y.: No Standing for Consumer to Bring FDCPA Claim Because It Wasn't Properly Disclosed in Bankruptcy Petition

14 May 2020
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D. Ariz. Grants Rare Award of Costs to Debt Collector Under FDCPA Provision

7 May 2020
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BREAKING: Court Grants Temporary Restraining Order Against Massachusetts Attorney General's Outbound Collection Call Ban

6 May 2020
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5th Cir. Reverses Sanctions Against Consumer’s Counsel for Failure to Promptly Settle

6 May 2020
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E.D.N.Y. Dismisses Another "Lawyer's Case" For Attempting to Twist Collection Letter Language into an FDCPA Violatoin

5 May 2020
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Letter Format/Overshadowing Claims Continue to Fall Flat in E.D.N.Y.

30 April 2020
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CFPB Encourages Automated Calls from Banks and Servicers to Consumers Who Need Financial Help

29 April 2020

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