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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Taskforce Trouble: NACA and Other Consumer Advocates Sue the CFPB

17 June 2020
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DC Cir. Holds FDCPA Plaintiff Lacked Standing Under Spokeo

17 June 2020
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Mid-Year Litigation Review

16 June 2020
An animated image of a judge facing two lawyers in court [Image by creator cookart from AdobeStock]

7th Cir. Says Plaintiff Failed to Meet Burden of Proof in "May Be Reported" Collection Letter Language Case

10 June 2020
A person pushing a button on a laptop that appears to have illustrated white envelopes jumping out of it [Image by creator ra2 studio from AdobeStock]

In Email, Linked Pages are Considered Part of the "Whole" Message When Evaluating the FDCPA, According to New Mexico Court

3 June 2020
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Legal Action Letter Language Not Considered a False Threat of Litigation

28 May 2020
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The Tide is Changing: E.D.N.Y. Sanctions Plaintiff's Counsel under FDCPA, Awards ~$37k in Fees/Costs to Debt Collector

21 May 2020
A person pushing a button on a laptop that appears to have illustrated white envelopes jumping out of it [Image by creator ra2 studio from AdobeStock]

Greene v. TrueAccord Further Refines Email Best Practices

20 May 2020
Illustration of a business man with a magnifying glass following $ signs [Image by creator spectrumblue from AdobeStock]

E.D.N.Y.: No Standing for Consumer to Bring FDCPA Claim Because It Wasn't Properly Disclosed in Bankruptcy Petition

14 May 2020
A judge's gavel sitting on a pile of cash [Image by creator Pakhnyushchyy from AdobeStock]

D. Ariz. Grants Rare Award of Costs to Debt Collector Under FDCPA Provision

7 May 2020
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BREAKING: Court Grants Temporary Restraining Order Against Massachusetts Attorney General's Outbound Collection Call Ban

6 May 2020
A judge's gavel sitting on a pile of cash [Image by creator Pakhnyushchyy from AdobeStock]

5th Cir. Reverses Sanctions Against Consumer’s Counsel for Failure to Promptly Settle

6 May 2020
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E.D.N.Y. Dismisses Another "Lawyer's Case" For Attempting to Twist Collection Letter Language into an FDCPA Violatoin

5 May 2020
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Letter Format/Overshadowing Claims Continue to Fall Flat in E.D.N.Y.

30 April 2020
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CFPB Encourages Automated Calls from Banks and Servicers to Consumers Who Need Financial Help

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

Moral of the Story: Web Payment Portals Need Time-Barred Debt Disclosures if Applicable

28 April 2020
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Trap for the Unwary: Express Consent under the TCPA May not be Consent under the FDCPA

13 April 2020
A judge's gavel sitting on a pile of cash [Image by creator Pakhnyushchyy from AdobeStock]

If Consumer Doesn't Dispute, Creditor Can Also Assume Debt is Valid, Says M.D. Florida (Citing 11th Cir. Case that Already Disposed of the Issue)

9 April 2020
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Cordray Weighs In: Recommends Vigorous Oversight of Debt Collectors During and After COVID-19

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

5th Cir. Holds No FDCPA Violation When Collection Letter Stated That Amount Due ‘May’ Increase

2 April 2020

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