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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E.D. Wisconsin: FDCPA Does Not Require Specific Labels for Creditor, Identifying Both Comenity and PayPal is Not Misleading

16 October 2018
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Debt Collection Drill: Federal Courts Hold that Standard Validation Notice Violates the FDCPA. Now What?

15 October 2018
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N.D. Illinois Reviews Bona Fide Error Defense Where Debt Collector Serves Wrong Party with Same Name as Consumer

10 October 2018
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BCFP Enters Consent Order with Bluestem for Delayed Forwarding of Direct Payments on Sold Accounts

9 October 2018
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Third Judge in D.N.J. Rules Language Inviting Calls with Questions in Validation Letter Does Not Mislead Consumers About Writing Requirement for Disputes

4 October 2018

Text Messages: Elements of Terms and Conditions for Third-Party Debt Collection Industry

2 October 2018
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E.D.N.Y. Sanctions Plaintiff and His Counsel for Failing To Voluntarily Dismiss or Amend Complaint Not Supported by Available Evidence

1 October 2018
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N.D. Illinois: Debt Buyer Cannot Collect Interest if Implicitly Waived by Original Creditor’s Actions; Finds Debt Buyer is Subject to FDCPA

27 September 2018
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Nevada Court Finds No Cognizable Injury-in-Fact in Avila Interest Disclosure Claim

25 September 2018
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M.D. Georgia Finds No Stand-Alone Defense for Relying on Debt Information Provided by Creditor

24 September 2018

Is It “Debt Collection” If You Never Asked For Money? U.S. Supreme Court to Review in October 2018 Term

20 September 2018

Report Ordered on House Bill Requiring BCFP to Provide Guidance on Compliance with Consumer Financial Protection Laws

18 September 2018
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Start Mastering the Text Message and Make Next Year Your Best Yet

11 September 2018
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BCFP’s Supervisory Highlights About Verification of Debt Potentially Conflict with 7th Cir. Guidance and Raise Questions of Practicality

7 September 2018

E.D. Pa.: Proper Forum for Collection Lawsuit is Where Plaintiff Resides or Signs Contract Despite Contract's Language

5 September 2018
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Summons Not a Communication, Answer Deadline Does Not Overshadow Validation Rights According to Nevada Federal Court

30 August 2018
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8th Circuit: Notice of Garnishment, Consumer-Initiated Inquiry After Cease Communication Request Not FDCPA Violation

29 August 2018
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California Imposes SOL Notice Requirement on Debt Collectors; Bans Legal Action on ‘Time-Barred’ Debt

28 August 2018
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7th Circuit: Service on Consumer not FDCPA Violation if No Entry of Appearance by Consumer’s Attorney

28 August 2018
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Weltman Asks for $1.2M in Attorney's Fees from BCFP

27 August 2018

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