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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FDCPA Case Law Review for April and May 2017

28 June 2017

Minnesota Court Rules Attorney Serving Notice of Lien Not Immune from FDCPA Requirements

22 June 2017

$200 Debt Turns into $500 Jury Verdict …and $36,000 in Attorney Fees

20 June 2017

What You Should Know About "Standing" Since Spokeo

19 June 2017

WV Supreme Court Rules in Favor of Debt Collector on Call Volume

14 June 2017

Federal Court Dismisses Class Action Alleging Solicitation for Payments on Time-Barred Debt is "Misleading" Under FDCPA

13 June 2017

Suggestive Medical Collection Letters under Fire in Texas FDCPA Class Action

12 June 2017

Court Sides With Collector on Out-of-Stat Disclosure

7 June 2017

Motions for Summary Judgment Denied in Case of Collection Letter That Failed to State Interest Would Accrue

6 June 2017

Collection Letter That Failed to State Interest or Fees No Longer Accruing Does Not Violate FDCPA

5 June 2017

No Documented Procedures, No Bona Fide Error Defense

18 May 2017

Court Rules Sending Validation Through CFPB Portal Does Not Satisfy FDCPA

4 May 2017

Colorado's FDCPA Adds Media Requirements, Removes its Collection Agency Board

25 April 2017

U.S. Supreme Court Hears Oral Arguments over Whether Debt Buyers are Debt Collectors under FDCPA

24 April 2017

Bona Fide Error Defense Comes Through For Collector With Strong Processes

20 April 2017

Prior Express Consent Defeats TCPA Claim, But Jury May Find 87 Calls Over 19 Days to be FDCPA Violation

19 April 2017

First Party Collectors - Don’t Forget About UDAAP!

18 April 2017

Seventh Circuit Court of Appeals Rules that Agency Acting Under a “Safe Harbor” Provision of Wisconsin Statute Did Not Violate FDCPA

17 April 2017

Consumers Bait Collectors With New Script to Manufacture FDCPA Claims

10 April 2017

Court Rules FDCPA Statute of Limitations Begins When Violation is Discovered

6 April 2017