FDCPA News

Collections & Recovery

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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Committee Meets Today on Bill to Exempt Lawyers from FDCPA

17 January 2018

FDCPA Caselaw Review for December 2017

17 January 2018

Perfect Storm Coalesces as Division of Banks, Debt Buyers and Consumer Lawyers Await Decision in Massachusetts

16 January 2018

Debt Collection Activity Alone Does Not a Debt Collector Make, According to Northern District of Illinois

10 January 2018

Judge Was Not Kind to Collection Agency Plaintiffs in RICO Case Decision

9 January 2018

E.D.N.Y. Rips Into Plaintiffs’ Bar on Reverse Avila Claims

21 December 2017

FDCPA Caselaw Review for November 2017

21 December 2017

Northern District of NY Agrees with Debt Collector: Pre-Judgment Interest Does Not Trigger Avila Disclosure Requirements

19 December 2017

Richardson v. LVNV Funding, LLC and the Dilemma of Unclear Out-of-Stat Requirements

28 November 2017

FDCPA Case Law Review for September and October 2017

22 November 2017

California Court Dismisses Action for Lack of Jurisdiction Pursuant to Spokeo

16 November 2017

FCC Commission Meets Tomorrow; Will Address Robocall Blocking

15 November 2017

Another Industry Win in the Battle Over Interest Disclosures in Second Circuit

14 November 2017

Illinois Court Finds Adding Collection Costs Pursuant to Underlying Contract Does Not Violate FDCPA

13 November 2017

Florida Court Finds Materiality Needed for Date of Delinquency Claims Under FDCPA

7 November 2017

Verbal Authorization for Recurring Payments – Ask Yourself One Question: “Do I Feel Lucky?” (podcast)

25 October 2017

Stellar Recovery Secures Significant Fair Debt Collections Practices Act Victory

25 October 2017

New York Court Says No Disclosure Needed When No Interest Added to a Debt

24 October 2017

Washington District Court Adopts Seventh Circuit Analysis Regarding Collection of Time-Barred Debts

18 October 2017

Another 1099(c) Disclosure Case Moves Forward in New Jersey

17 October 2017