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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Compliance with Reg F is Not the Same as Compliance With the FDCPA, Says Court
21 September 2023
Washington Federal Court Holds “Vague” and “Conclusory” References to “Reasonable Procedures” Not Enough to Establish FDCPA’s Bona Fide Error Defense
13 September 2023
Failure to Allege FDCPA Violation in State Court Leads to Tossing of Federal Suit
7 September 2023
New York District Court Approves Class Action in FDCPA Case Alleging Improper Debt Assignment Notification
6 September 2023
Ninth Circuit Confirms Discrete Actions in Debt Collection Litigation can Trigger FDCPA One-Year Statute of Limitations
30 August 2023
Kentucky Federal Court Holds Furnishing Data to Consumer Reporting Agency Does Not Subject Furnisher to Personal Jurisdiction in Consumer’s Home State
29 August 2023
Judge grants MSJ in class action over disputed debt investigation
15 August 2023
Indiana Appellate Court Reverses Summary Judgment in FDCPA Case Involving Bona Fide Error Defense
17 July 2023
14 Calls in 22 Days is Reasonable, Says Court
29 June 2023
Seventh Circuit Rules $3.95 in Postage Spent by Plaintiff to Respond to Second Validation Notice Sufficient to Establish FDCPA Standing
28 June 2023
Credit Disputes Do Not Last Indefinitely Says Court
15 June 2023
CFPB Announces Consent Order with Third-Party Collector of Medical Debt
14 June 2023
Sixth Circuit Affirms Dismissal of FDCPA Suit Arising From Pandemic-Time In Person Service of Process
31 May 2023
Why Can’t Courts Agree to The Definition Of Debt Collector?
30 May 2023
Arizona Federal Court Holds FDCPA’s $1,000 Statutory Damages Provision Applies Separately to Each Defendant
16 May 2023
Minor Procedural Errors are not an FDCPA Violation Says Court
27 April 2023
Pennsylvania Appellate Court Rejects Claim That Dunning Letter Sent Post-Expiration of The Statute of Limitations Violated Law
24 April 2023
Sending Docs After the Validation Period Expires? One Court Says, No
19 April 2023
An Email is Less Intrusive Than a Phone Call, Finds N.D. Illinois While Granting TrueAccord’s Motion to Dismiss
18 April 2023
CFPB vs. PRA-Top 3 Takeaways and PRA’s Response
29 March 2023