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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No Documented Procedures, No Bona Fide Error Defense

18 May 2017

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Court Rules Sending Validation Through CFPB Portal Does Not Satisfy FDCPA

4 May 2017

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

25 April 2017

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

24 April 2017

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Bona Fide Error Defense Comes Through For Collector With Strong Processes

20 April 2017

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

19 April 2017

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First Party Collectors - Don’t Forget About UDAAP!

18 April 2017

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

17 April 2017

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Consumers Bait Collectors With New Script to Manufacture FDCPA Claims

10 April 2017

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Court Rules FDCPA Statute of Limitations Begins When Violation is Discovered

6 April 2017

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Collectors Take Note: FDCPA Litigation Over Letters Continues

4 April 2017

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Judge Dismisses FDCPA Credit Bureau Reporting Case Against Collector

30 March 2017

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Appeals Court Affirms Ruling Against Debt Buyer for Misleading Out-of-Stat Collection Letter

30 March 2017

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E-ZPass Collector Wins Dismissal; Court Rules Tolls Not Debts Under FDCPA

28 March 2017

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Out of Stat Debt Case Offers Three Lessons to Collectors

27 March 2017

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FTC Settles With Collector Over Multiple Alleged FDCPA Violations

27 March 2017

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Another Court Rules No FDCPA Violation For: “This settlement may have tax consequences. Please consult your tax advisor.”

20 March 2017

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House to Begin Debate on Bill to Fix Class Action Litigation

9 March 2017

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FDCPA Caselaw Review for February 2017

9 March 2017

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49 Call Attempts in 18 Days with No Evidence of Intent to Harass = No FDCPA Violation

8 March 2017