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

8th Circuit: Notice of Garnishment, Consumer-Initiated Inquiry After Cease Communication Request Not FDCPA Violation

29 August 2018
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California Imposes SOL Notice Requirement on Debt Collectors; Bans Legal Action on ‘Time-Barred’ Debt

28 August 2018
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7th Circuit: Service on Consumer not FDCPA Violation if No Entry of Appearance by Consumer’s Attorney

28 August 2018
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Weltman Asks for $1.2M in Attorney's Fees from BCFP

27 August 2018
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New Federal Court of Appeals Rulings Favor Debt Collectors (podcast)

23 August 2018
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

9th Circuit: Plaintiff Bears Burden of Proof Regarding Defendant’s Net Worth for Class Action Damages

22 August 2018

Cell Phone’s Visible Transposition of Voice Message to Text is Not Third Party Disclosure According to District of New Jersey

21 August 2018
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7th Cir.: Settlement of Claim with Creditor May Mean Dismissal of Claim Against Collector

20 August 2018
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2nd Circuit: Debtor’s Failure to Exercise 1692g Rights Does Not Preclude FDCPA Claim

6 August 2018
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Collecting Interest on Charged-Off Debt Requires Careful Consideration

1 August 2018

Judge Rules in Favor of Weltman Weinberg & Reis, Against CFPB, in Case of Meaningful Attorney Review

25 July 2018
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

FDCPA Caselaw Review for June 2018

12 July 2018
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Massachusetts Supreme Court Just Made it Harder to Communicate With Consumers About a Debt

26 June 2018
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FCC to Report on Robocall Progress; Fundamental Issues Remain Related to Debt Collection

22 June 2018
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New Consumer Strategy for Baiting FDCPA Violations, and Use of Text Messages in Debt Collection

21 June 2018
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N.D. California: 1692g Validation Notice Not Overshadowed by CFDBPA Disclosure

21 June 2018
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FDCPA Caselaw Review for May 2018

12 June 2018

3rd Circ: FDCPA Statute Of Limitations Runs from Date of Violation, Not Discovery

6 June 2018
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E.D.N.Y. Decides Question Left Open in Taylor

23 May 2018
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FDCPA Caselaw Review for April 2018

22 May 2018

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