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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A white computer keyboard with a large green key that says "Payment" [Image by creator ArtemSam from AdobeStock]

Moral of the Story: Web Payment Portals Need Time-Barred Debt Disclosures if Applicable

28 April 2020
[Image by creator Frank Fennema from AdobeStock]

Trap for the Unwary: Express Consent under the TCPA May not be Consent under the FDCPA

13 April 2020
A judge's gavel sitting on a pile of cash [Image by creator Pakhnyushchyy from AdobeStock]

If Consumer Doesn't Dispute, Creditor Can Also Assume Debt is Valid, Says M.D. Florida (Citing 11th Cir. Case that Already Disposed of the Issue)

9 April 2020
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Cordray Weighs In: Recommends Vigorous Oversight of Debt Collectors During and After COVID-19

6 April 2020
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

5th Cir. Holds No FDCPA Violation When Collection Letter Stated That Amount Due ‘May’ Increase

2 April 2020
[Image by creator enterlinedesign from AdobeStock]

No More Circuit Split: Third Circuit Finds No Written Requirement in 1692g(a)(3), Overturns Graziano

31 March 2020
[Image by creator Frank Fennema from AdobeStock]

Illinois Regulator Issues Guidance to Collectors and Debt Buyers: You're Not "Essential," But Here's What You Can Do

31 March 2020
[Image by creator LittleGallery from AdobeStock]

CFPB Releases 2019 FDCPA Report; Announces Extension Of Comment Period

30 March 2020
Arms of 5 business people holding up different colored large "quote" marks [Image by creator Sergey Nivens from AdobeStock]

CFPB Extends Time-Barred Debt SNPRM Comment Deadline

26 March 2020
Photo of hourglass with sand all in the bottom [Image by creator Zerophoto from AdobeStock]

COVID-19: Several States Toll Statutes of Limitations on Legal Actions

25 March 2020
US Capitol Building [Image by creator Gary from AdobeStock]

Bill Banning Collection During Major Disasters Introduced in U.S. Senate

24 March 2020
Drawing of a school of white fish against a green background [Image by creator maxsattana from AdobeStock]

Attorney's Abandonment of Cases Calls into Question His Adequacy as Class Counsel

17 March 2020
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7th Cir. Rejects Plaintiff’s FDCPA Arguments Regarding ‘Consumer’ Debt

16 March 2020
Image of a man's arm punched through a yellow wall, giving a thumbs up [Image by creator WayhomeStudio from AdobeStock]

ERC Wins Sanctions Against Plaintiff and Plaintiff's Counsel, Court Awards Debt Collector its Defense Costs and Fees

11 March 2020
Toddler looking confused [Image by creator Chris Mautz from AdobeStock]

Complexity of Calculating Out of Stat Date Rears its Head in Maryland Court Decision

9 March 2020
US Capitol Building [Image by creator Gary from AdobeStock]

U.S. House of Representatives Passes Amendment to FDCPA for Stronger Protection for Servicemembers

4 March 2020
Photo of dice with letters forming the words "rules and regulations" [Image by creator anyaberkut from AdobeStock]

Time-Barred Debt SNPRM Comment Clock Starts Ticking

2 March 2020
Photo of hourglass with sand all in the bottom [Image by creator Zerophoto from AdobeStock]

The Impact of the CFPB's Supplemental Proposed Rulemaking for Time-Barred Debt Disclosures is Greater Than What Appears

27 February 2020
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

Quick FDPCA Stats from the iA Case Law Tracker

27 February 2020
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The CFPB's SNPRM for Time-Barred Debts—Breaking It Down

24 February 2020

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