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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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Supreme Court Split in Unexpected Ways During Oral Arguments for Obduskey v. McCarthy & Holthus LLP

10 January 2019
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Compliance Checklist for Collection Professionals – A Look Back at 2018’s Most Critical Issues

7 January 2019
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Make Sure Debt Itemization Adds Up, According to District of Connecticut

19 December 2018
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November FDCPA Case Law Review

12 December 2018
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Encore Enters $6M Settlement Agreement with 42 State AGs, DC AG in Affidavit Robosigning Matter

5 December 2018
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D.N.J.: If Relationship Between Collector and Creditor is Clear, Including Chain of Title Does not Make Creditor Identification Unclear

4 December 2018
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CRC Proposes Comprehensive Solution to Consumer Communications Challenges

27 November 2018
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District Court Stays Case Pending U.S. Supreme Court’s Decision in Obduskey v. Wells Fargo

26 November 2018
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BCFP Files Amicus Brief in U.S. Supreme Court Case, Concludes Law Firm Did Not Engage in Debt Collection by Initiating Nonjudicial Foreclosure

19 November 2018
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FDCPA Caselaw Review for October 2018

15 November 2018
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Presentation Highlights Emerging Trends, Innovation, and Robocall Blocking at TransUnion's Third Party Conference

12 November 2018
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Sending Second Validation Notice Within 30-Day Validation Window May Confuse Consumers, According to Eastern District of Wisconsin

7 November 2018
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iQor, Allied Interstate Settle with CA District Attorneys for $9M in Call Volume Case

5 November 2018
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Second Circuit Sides with CAC Financial on Reverse Avila Issue, Unpersuaded By Argument that Previous Accrual of Interest is Confusing to Consumer

1 November 2018
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N.D. Illinois Cuts Attorney Fees Award Due to Rejection of Settlement Offer Earlier in Litigation

30 October 2018
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7th Circuit: Bring Possible Arbitration Agreement to Court’s Attention Early to Prevent Waiver

24 October 2018
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Court Finds BCFP's Claims Were Not Meritless, Denies Weltman's Request for Attorneys' Fees, Partially Grants Requests for Costs

23 October 2018

N.D. Illinois: “Competent Attorney” Standard Applies to Letter Sent to Consumer’s Attorney Even if Debt Discharged in Bankruptcy

22 October 2018
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Debt Collector Requirement to Authenticate Consumer Comes to a Head

18 October 2018
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BCFP: Fix the Authentication Dance Between Consumers and Collectors

18 October 2018

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