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

Debt Collector Prevails in FDCPA Case About Outdated BBB Rating

11 October 2017
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Experts React to FDCPA Court Decision on Emailed Validation Notice

9 October 2017
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]

Court: Validation Notice Sent Via Email Requiring Consumer to Click a Link to Open a “Secure Package” Is Not “Sending” a Validation Notice Under FDCPA

5 October 2017

Judge Rules Unintentional Violation of Policies and Procedures Permits Debt Collector to invoke 'Bona Fide Error' Defense

4 October 2017
File drawer with one folder in focus, labeled "Dismissed" [Image by creator tashatuvango from AdobeStock]

New York Court Rules Settlement Offer in First Letter Not a FDCPA Violation

3 October 2017
[Image by creator Gregory Johnston from AdobeStock]

In Connecticut, 29 Call Attempts in 24 days May Be FDCPA Violation

2 October 2017
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

FDCPA Case Challenges Use of Trade Name Abbreviation

28 September 2017
Phone with "voice mail" text on it [Image by creator iQoncept from AdobeStock]

Voicemail Emerges Again With Questions of "Communication" and Meaningful Disclosure

27 September 2017

Expert Says Practice of Law Exemption is Essential to Fix FDCPA

26 September 2017
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Judge Awards Attorney Fees to FDCPA Defendant in Case of 'Vexatious' Plaintiff's Counsel

25 September 2017

5th Cir. Holds Threat of Lawsuit to Collect Partially Time-Barred Debt Did Not Violate FDCPA

21 September 2017
A set of five different-shaped road signs that all say "Penalty" [Image by creator Argus from AdobeStock]

A Closer Look at CFPB Action v. National Collegiate Student Loan Trusts and Transworld Systems – What Does it Mean to the ARM Industry?

21 September 2017

Court Rules Verification Docs Fulfill “Least Sophisticated Consumer” Standard

21 September 2017

This First-Party Thing is Heating Up

20 September 2017
An animated image of a judge facing two lawyers in court [Image by creator cookart from AdobeStock]

Court Rules “Reply-by” Date Falling Outside 30-day Validation Notice Not a FDCPA Violation

20 September 2017
Photo of courthouse building with "judicial" written on it [Image by creator Natalia Bratslavsky from AdobeStock]

Court Sanctions Plaintiff’s Attorney a Second Time in FDCPA Case

14 September 2017
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CFPB Report Highlights Debt Collection Issues; Collectors AND Creditors Should Take Note

13 September 2017
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

9th Circuit Opinion Highlights Right to Cure Provision in California’s Rosenthal FDCPA

12 September 2017

House Committee Meets Today to Consider Change to FDCPA

7 September 2017

3rd Circuit: 2nd Collection Letter Within 30 Days of First Letter is "Overshadowing"

7 September 2017

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