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 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]

Lavallee: Well, Now We Know How NOT to Send a Validation Notice via Email

15 August 2019
A person holding a mobile phone that appears to have illustrated white charts, graphs, and dollar signs popping out of it [Image by creator ra2 studio from AdobeStock]

7th Circuit's Lavallee Decision: What Does it Mean for Text Messaging and the NPRM?

12 August 2019
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Disclosure About Less Favorable Future Terms in Collection Letter Does Not Violate FDCPA, Says Missouri Court

5 August 2019
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7th Cir. Says ‘Costs’ Includes Collector’s Percentage Fee, Disagrees With 8th and 11th Circuits

5 August 2019
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9th Cir. Asks Nevada: Is an FDCPA Claim a Compulsory Counterclaim in a Collection Suit?

25 July 2019
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E.D. Wis. Dismisses Case Against Collection Firm Regarding Attorney Involvement Letter Disclaimer

16 July 2019
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E.D.N.Y. Judge States FDCPA Cases Based on Technicalities are “Lawyer’s Case[s]” and Harm Consumers

15 July 2019
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Common Sense Prevails! Seventh Circuit Affirms Consumer was not Harmed by Letter and Dismisses FDCPA Case [Podcast]

11 July 2019
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Arbitration Clauses: What Works, What Doesn’t, and How Creditors Can Help

27 June 2019
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Avila and the Intricacies of Civil Litigation Procedure Illustrated in Recent E.D.N.Y. Decision

20 June 2019
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7th Cir. Creates Split on Spokeo Standing, Rules in Favor of Defendant in FDCPA Disclosure Case

19 June 2019
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Texas Court Finds No Issue With Mailing Second Validation Letter After 30-Day Validation Window

17 June 2019
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iA Video Series: Sneak Peek at the iA Case Law Tracker—Keeping Up with Industry Case Law Made Easy

13 June 2019
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7th Cir. Affirms Decision on Creditor ID Claim, Says Commonly Known Name is Fine and Specific Terminology is Not Required

10 June 2019
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D.N.J. Finds Including Writing Requirement in Validation Notice is Permissive, Not Mandatory, Under Graziano

5 June 2019
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Part 2: Top 10 Elevator Conversations about the CFPB's Proposed New Rules for Debt Collection

4 June 2019
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Jurisdictional Split for 1692g Written Dispute Requirement Highlighted with Recent Georgia Case

3 June 2019
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Some Relief in the District of New Jersey: Court Stays 1692g Case Pending Third Circuit Decision

29 May 2019
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8th Cir. Rejects FDCPA Claim for Unlicensed Collection Letter Signer

29 May 2019
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Illinois State Appellate Court Upholds Dismissal of FDCPA and State Law Claims, Finds 4-Year UCC SOL Not Applicable to Credit Card Purchases

23 May 2019

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