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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)

Courtroom

Bad Faith FDCPA Case Leads to Win for Defendant

The underlying putative class action complaint was filed in state court and removed by the defendants who then filed a motion to dismiss. The District Court granted the unopposed motion to dismiss and the subsequent motion for reconsideration filed by the plaintiff. The motions were granted due to the fact that, “Counts I through V are clearly barred by the FDCPA’s one-year statute of limitations and Count VI is insufficient to sustain a common law negligence claim and is additionally precluded by Missouri’s economic loss doctrine.” Id. at *2.

judges-bench-gavel

Pa. Judge: Consumers Must Know Their Right to Challenge a Debt

A Pennsylvania federal judge Tuesday denied debt collector North Shore Agency Inc.’s motion to dismiss a putative class action lawsuit. The case alleges that North Shore Agency Inc. obscured language advising consumers of their rights to challenge their debts. In his opinion, U.S. District Judge Gene Pratter noted potential holes in the Fair Debt Collection […]

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Interactive Intelligence to Host “Pitfalls of TCPA” Industry Web Event

Interactive Intelligence Group Inc., a global provider of software and services designed to improve the customer experience, is hosting a no-cost Web event* titled, “The Pitfalls of TCPA and Its Impact on Your Business,” to be held Tuesday, April 29 at 11:30 a.m. Eastern time (EDT). Already attracting more than 650 registrants, this 75-minute webcast […]

You've Got Mail

CFPB’s Email Notification for Debt Collection Complaints Portal Still Working Out Kinks

Email notifications to collection agencies from the Consumer Financial Protection Bureau remain a hit-or-miss function of the debt collection complain portal. One the one hand: a recent fix ensured subscribers would receive emails only in the event of a new complaint or new activity on an existing complaint. Before, daily emails from the CFPB arrived […]

Fireside Chat

LiveVox Presents A “Fireside Chat” With CFPB Examination Consultant, Joe Adams

LiveVox Inc., a leading provider of cloud contact center solutions for enterprise operations, announced that it has partnered with Joe Adams of The Hampton Pryor Group to host a CFPB compliance webinar for contact center executives.  Attendees will have a chance to catch up on the latest developments and get answers to their specific questions […]

awards

Contact Center Compliance Wins Pace Technovation Award For Cloud Training

Contact Center Compliance has been selected as the winner of the Technovation award for innovation in compliance for its cloud based training product at the 2014 PACE Convention & Expo in Hollywood, Florida. “Having a comprehensive safe harbor training program is essential in today’s environment especially with increased TCPA and CFPB scrutiny. Our cloud based […]