FDCPA Feed Link


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.

It is commonly believed that the FDCPA will be amended and/or updated in the 112th Congress (2011-2012).

The complete Fair Debt Collection Practices Act (PDF, 326 KB)


CFPB Orders Indirect Auto Finance Company to Pay $48.3M in Relief and Penalties for Illegal Debt Collection Tactics

The CFPB announced this afternoon an enforcement action against an indirect auto finance company and its auto title lending subsidiary for pressuring borrowers using illegal debt collection tactics. The following is the full text of the CFPB press release on the matter. If these allegations are true, this is your textbook example of “bad apple.”

Study Guide

New Academic Paper Urges CFPB to Carefully Consider Impact of Potential New Debt Collection Regulations

George Mason University Foundation Professor of Law and Senior Scholar of the Mercatus Center Todd J. Zywicki has published a Working Paper entitled “The Law and Economics of Consumer Debt Collection and Its Regulation.” The 69-page paper concludes that new government restrictions on debt collection may very well burden consumers. Zywicki starts with the premise […]


What’s Keeping Compliance Professionals Awake? UDAAP, Entrenched Behaviors

Debt industry compliance professionals in both the Columbus, Ohio, region; and the Atlanta, Georgia, region, met this past week in regional discussion groups to talk, as peers, about issues each person is facing in an industry defined more by flux than by clarity. These meetings, hosted by The Compliance Professionals Forum, (and made possible by the […]


FDCPA Litigation Totals Dropping But Still High; TCPA Unmoved in August

August FDCPA litigation statistics show large litigation drops for two successive months. That’s according to the monthly report from WebRecon LLC (WebRecon) statistics on consumer litigation. FDCPA litigation was down by 12.6% in July after dropping 7.5% in June. While the trend is welcome, FDCPA litigation is still up significantly year-over-year. In fact, litigation totals are […]


Dallas Debt Dialogue Moved to Bigger Venue; Registration Re-Opened

The Federal Trade Commission (FTC) announced yesterday that it has moved the second Debt Collection Dialogue, the “Dallas Dialogue,” to Southern Methodist University’s Dedman School of Law on September 29, 2015. The FTC switched to this larger venue because the number of pre-registrations had almost reached the maximum for the previously scheduled venue. Pre-registration, which […]

North Carolina

Apparently Creditor Friendly North Carolina Debt Collection Law Revision Surprises Some

On August 5 the General Assembly of North Carolina passed Senate Bill 678 which amended the State’s debt collector statutes to more nearly conform to the federal Fair Debt Collection Practices Act (FDCPA). The following changes were made. § 75-50. Definitions. A new definition was added: “Location information” means information about a consumer’s place of […]

Opinion on Red Keyboard Button.

FTC’s Reilly Dolan Lists Those Banned From Debt Collection, and Discusses Industry Self-Regulation

Earlier this week, Reilly Dolan, Associate Director, Division of Financial Practices at the Federal Trade Commission posted a blog about the debt buying industry and its efforts to self-regulate. Click here to read the full text of the piece, which offers insight into the regulator’s expectations. Also of interest is the link to the 75 bad apples recently banned from the debt collection business.

Big Boy Bobbles - Victory of the People

Eleventh Circuit Court Cites “Plain Language” of the FDCPA, Rules in Favor of Capital One in Debt Collection Case

If an entity acquires a debt in default and tries to collect on it, does that automatically make it a “debt collector” under the Fair Debt Collections Practices Act? Several courts, including the Third, Seventh, and Sixth Circuit Courts of Appeals, all said yes it does. In a surprise ruling earlier this week, however, the […]