In 1977, Congress passed the Fair Debt Collection Practices Act to regulate the conduct of third party collection agencies. The adage that “every vote counts” serves as the backdrop to the passage of this federal law. A little know historical footnote documents that the FDCPA passed the House of Representatives by a one vote margin (198-197). Now, consumer attorneys filed more than 10,400 FDCPA lawsuits against collection agencies and collection attorneys in federal courts in 2013; and experts predict that federal courts will see more than 12,000 cases this year.
Several important court decisions led to the explosive growth of lawsuits against debt collectors and will undoubtedly shaped the contours of what the Consumer Financial Protection Bureau will propose as administrative regulations interpreting the FDCPA. Any discussion about the expansive reach of the FDCPA must take into account these five decisions:
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