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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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New Federal Court of Appeals Rulings Favor Debt Collectors (podcast)

23 August 2018
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9th Circuit: Plaintiff Bears Burden of Proof Regarding Defendant’s Net Worth for Class Action Damages

22 August 2018

Cell Phone’s Visible Transposition of Voice Message to Text is Not Third Party Disclosure According to District of New Jersey

21 August 2018
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7th Cir.: Settlement of Claim with Creditor May Mean Dismissal of Claim Against Collector

20 August 2018
Image of a ripped piece of brown paper exposing a white background and the word "dispute" [Image by creator tumsasedgars from AdobeStock]

2nd Circuit: Debtor’s Failure to Exercise 1692g Rights Does Not Preclude FDCPA Claim

6 August 2018
Toddler looking confused [Image by creator Chris Mautz from AdobeStock]

Collecting Interest on Charged-Off Debt Requires Careful Consideration

1 August 2018

Judge Rules in Favor of Weltman Weinberg & Reis, Against CFPB, in Case of Meaningful Attorney Review

25 July 2018
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

FDCPA Caselaw Review for June 2018

12 July 2018
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Massachusetts Supreme Court Just Made it Harder to Communicate With Consumers About a Debt

26 June 2018
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FCC to Report on Robocall Progress; Fundamental Issues Remain Related to Debt Collection

22 June 2018
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New Consumer Strategy for Baiting FDCPA Violations, and Use of Text Messages in Debt Collection

21 June 2018
A man in a suit standing on a ladder with binoculars looking over the top of a city under a sunny sky with wispy clouds [Image by creator Kurhan from AdobeStock]

N.D. California: 1692g Validation Notice Not Overshadowed by CFDBPA Disclosure

21 June 2018
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

FDCPA Caselaw Review for May 2018

12 June 2018

3rd Circ: FDCPA Statute Of Limitations Runs from Date of Violation, Not Discovery

6 June 2018
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E.D.N.Y. Decides Question Left Open in Taylor

23 May 2018
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FDCPA Caselaw Review for April 2018

22 May 2018

SD Calif. Continues Trend of Bringing Clarity to Case Alleging Improper Interest Charges

16 May 2018
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Court Denies Request for Re-Hearing in Taylor Interest Disclosure Case

15 May 2018

8th Cir. Applies ‘Materiality’ Requirement to FDCPA Action, Joining Other Circuits

7 May 2018
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

FDCPA Caselaw Review for March 2018

26 April 2018

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