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

Five Suggestions from the CFPB for NPRM Comments

22 May 2019
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CFPB Sues Yet Another Collection Firm for Lack of Meaningful Attorney Involvement Despite Promises to End Regulation by Enforcement

21 May 2019
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Seventh Circuit Affirms Slashing of Prevailing Plaintiff's $187k Attorney Fee Award to Under $11k for Rejecting Meaningful Settlement Offers

20 May 2019
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Two Recent Developments on the Discovery Rule and the FDCPA: Second Circuit Says Discovery Rule Doesn't Apply, U.S. Supreme Court Agrees to Review the Issue

15 May 2019
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Why Creditors and Servicers Should Care About the CFPB’s Proposed Debt Collection Rules

14 May 2019
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Agency, Outside Counsel, and Vendor Perspectives on the CFPB’s Proposed Rules

13 May 2019
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The NPRM’s New Validation Notice: Breakdown of the Validation Period, Check Boxes, and Itemization of Debt

8 May 2019
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CFPB Releases NPRM for Debt Collection; Includes Extensive Detail for Electronic Communication, 7 Call Attempt Limit, and New Requirements for Validation Notice

7 May 2019
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Validation Notice Lawsuits: Overlooked Ruling from Third Circuit Proves Debt Collectors are Right! (Podcast)

1 May 2019
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New York Judge Questions Actions and Motivations of Plaintiff’s Counsel, Order to Show Cause Issued for Sanctions

30 April 2019
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Why Every Lawyer And Client Should Be Fighting To Stop The “Meaningful Attorney Involvement” Doctrine From Spreading

17 April 2019
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Consumer not Entitled to Appellate Attorney Fees if Benefit is Solely for Attorney, According to 11th Circuit

15 April 2019
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Credit Report Inquiry Could Be a Third Party Communication That Violates the FDCPA, Says N.D. Ohio

11 April 2019
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11th Circuit: Letter Offering to “Resolve” Out of Stat Account Contains Implicit Threat of Litigation, Requires Out of Stat Disclosure

8 April 2019
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Law Firms Performing Non-Judicial Foreclosure Declared Not a “Debt Collector” by U.S. Supreme Court (sponsored)

1 April 2019
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Debt Buyers in N.D. Illinois Beware: Purchase May Not Transfer Right to Collect Post-Charge Off Interest, According to Court

1 April 2019
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Supreme Court to the Rescue with a Narrow Interpretation of the FDCPA

26 March 2019
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CFPB FDCPA Report Shows Market Trends, Frowns Upon Creditors Responding Directly to Verification Requests

21 March 2019
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U.S. Supreme Court Holds that Law Firms Performing Nonjudicial Foreclosures are Not Debt Collectors

20 March 2019
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Jury Trial Victory for Debt Collector Despite Denial of Summary Judgment Motion, Class Certification

20 March 2019

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