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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2nd Cir. Holds FDCPA Defendant’s ‘Bona Fide Error’ Defense Should Go to Jury

22 September 2020
[Image by creator BillionPhotos from AdobeStock]

Bona Fide Error Defense Doesn't Always Apply in "Amount of Debt" Cases

14 September 2020
A line of open multi-colored highlighters [Image by creator pamela_d_mcadams from AdobeStock]

Credit Reporting Issues and False Threats from Debt Collectors—Featured Topics in CFPB's Supervisory Highlights

10 September 2020
Business man yelling into a megaphone [Image by creator motortion from AdobeStock]

CFPB Sues Encore for Issues Related to Collection Litigation and Time-Barred Debts (and the Irony Behind Some of These Claims)

9 September 2020
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

Plaintiff's Counsel Drops the Ball, Court Grants Summary Judgment for Debt Collector

3 September 2020
A sea of small white paper boats "swimming up stream", with one blue boat swimming off to the side [Image by creator Worawut from AdobeStock]

Neither Snow Nor Rain Nor Heat Nor Gloom of Night: Debt Collection and the USPS

26 August 2020
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Another Overshadowing FDCPA Claim Bites the Dust

25 August 2020
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Dismissals of Overshadowing/Letter Format Claims Continue in E.D.N.Y.

11 August 2020
A white computer keyboard with a large green key that says "Payment" [Image by creator ArtemSam from AdobeStock]

Attention ARM Leaders: Debt Collection Payment Portals are Communications Under the FDCPA

6 August 2020
Arms of 5 business people holding up different colored large "quote" marks [Image by creator Sergey Nivens from AdobeStock]

Consumer Relations Consortium Submits Comment to CFPB’s SNPRM for Time-Barred Debts

5 August 2020
Photo of a stethoscope curled on top of a white keyboard and blue clipboard [Image by creator Witthaya from AdobeStock]

7th Circuit Reiterates: Credit Reporting Medical Debts Separately is Not a Violation

4 August 2020
US Capitol Building [Image by creator Gary from AdobeStock]

New Bill in House, Would Amend FDCPA to Prohibit Consumer Debt Collection During National Disasters or Emergencies

29 July 2020
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Audit What You Credit Report or Lose the Bona Fide Error Defense

27 July 2020
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Legal-Related Language in Collection Letters, and How N.D. Illinois Can't Make Up Its Mind

16 July 2020
Photo of hourglass with sand all in the bottom [Image by creator Zerophoto from AdobeStock]

4th Cir. Holds Each FDCPA Violation Subject to New Statute of Limitations

15 July 2020
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Circuit Split on Standing Gets Wider: 11th Circuit Tosses FDCPA False/Misleading Claim

8 July 2020
Photo of dice with letters forming the words "rules and regulations" [Image by creator anyaberkut from AdobeStock]

CFPB Rulemaking Agenda: Final Rules Expected October 2020

1 July 2020
Photo of hourglass with sand all in the bottom [Image by creator Zerophoto from AdobeStock]

Wash. AG Sues Debt Collector for Time-Barred Debt Issues

30 June 2020
A person pressing a red "full disclosure" button on a keyboard with white keys [Image by creator momius from AdobeStock]

CFPB Testing Model Validation Notice...Again

29 June 2020
Image of a compass with the arrow pointing towards the word "trend" [Image by creator Olivier Le Moal from AdobeStock]

Legal Language in Collection Letter Not False/Deceptive/Misleading, Says N.D. Ill.

23 June 2020

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