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FDCPA

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)

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State AGs Miss the Mark on Business Records in FDCPA Rulemaking Comments

In comments submitted to the CFPB on the Advance Notice of Proposed Rulemaking under the FDCPA, the attorneys general of 31 states condemned the use of third-party prepared, integrated business records in civil lawsuits to collect debt as an example of “unfair, deceptive, and abusive acts or practices.” But many of those AGs use similar records in their own criminal cases.

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New FDCPA Requirement for Debt Verification: Is There More to the Story?

A recent Circuit Court opinion examined the issue of what constitutes adequate verification in the context of multiple requests for validation by the consumer focused on a specific portion of a debt. While it has been argued that the case requires a debt collector to provide itemized statements whenever any request for validation is received, this interpretation is not borne out by a careful reading of the case and other applicable precedent.

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Circuit Court Upholds Award of Fees for Defendant in an Absolutely Crazy FDCPA Case

The 8th Circuit Court of Appeals Friday upheld a lower court’s ruling that a defendant collection agency was entitled to some $33,000 in attorney’s fees and costs in an FDCPA case found to be brought in bad faith and specifically for the purpose of harassment.

Is that interesting enough? No? Well, it involved an outspoken consumer advocate’s gloating posts on a debtor-focused message board, posts that ultimately led to the awarding of fees.

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CSS IMPACT! Announces Compliance Suite 2014 Webinar Series

Join CSS IMPACT! HD 2.0 Compliance Suite Webinars, showcasing the latest new technologies for compliance. Wondering what industry leaders are doing to prevent breaches in compliance? New Agency Technologies Preventing Compliance Exceptions as they happen Adopting Compliance Management Tools as Backup Leveraging CSS’s Compliance on Demand Patented Technology, CSS IMPACT! 2.0 offers the industry’s first […]