FDCPA News

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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CFPB Shuts Down Medical Debt Collector for Attempting to Collect Unverified Debt

19 December 2023

District Court Grants MSJ for Debt Collector in FDCPA Case Based on Interest Rate in Payment Plan

12 December 2023

Judge Dismisses FDCPA Case Alleging Violations Based on Undated Model Validation Notice

11 December 2023

Second Circuit Affirms Dismissal of FDCPA Case Holding Plaintiff Prompted Communication at Issue

28 November 2023

SOL Accrues When Collection Suit Served, Says Court

12 October 2023

Michigan Federal Court Grants Summary Judgment to Creditor on Standing Grounds in Case Alleging FDCPA Violation for Failure to Remove Dispute Notification

3 October 2023

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