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

NJ Judge Disagrees with NY Judge in FDCPA Case Involving Credit Repair Agreement

6 September 2017
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FDCPA Case Law Review for August 2017

6 September 2017

New Collection Letter Lawsuits in California and New York: What Your Agency Needs to Know Now

30 August 2017
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3 Lessons You Should Take From the Latest 1099(c) Letter Case

30 August 2017
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California District Court Dismisses FDCPA Claim Over a Potential Convenience Fee for Lack of Article III Standing Under Spokeo

23 August 2017
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Don’t Cloud the Validation Notice: 8 Tips to Avoid Overshadowing

22 August 2017
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District Court Holds 1099-C Language Not in Violation of FDCPA or ICAA

22 August 2017
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Oregon’s District Court: Collection Agencies’ Omissions Don’t Automatically Equal Malevolence

15 August 2017

Debt Collector Prevails by Using Safe Harbor Language on Letters in Current Balance Case

15 August 2017
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FDCPA Bona Fide Error Defense Did Not Protect Debt Collector Despite Following Controlling Precedent, En Banc Seventh Circuit Rules

9 August 2017
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Two FDCPA Class Actions Dismissed, Citing Supreme Court Ruling in Midland v. Johnson

3 August 2017
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First Party Servicing on Medical Accounts: The Federal and State Landscape Continues to Shift

1 August 2017
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FDCPA Case Law Review for June and July 2017

31 July 2017

Midland Dodges Class Certification Request in Illinois Letter Case

27 July 2017
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Consumer's Credit Repair Agreement Becomes Issue in Collection Dispute

20 July 2017
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5th Cir. Holds Debt Collector’s Obligation to Report Debt as Disputed Not Limited By § 1692g

20 July 2017
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Third Circuit Rules in Favor of Debt Collector in Font Size Case

17 July 2017

House Subcommittee Considers Bills, Including Debt Collection

13 July 2017
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Calls to Consumer Prior to Processing Cease & Desist Letter Do Not Violate FDCPA

11 July 2017
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$25 Medical Bill Turns into $34,500 TCPA Judgment and FDCPA Claim for Damages Still to be Litigated

5 July 2017

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