FDCPA News

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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The Slow Demise of Recent Collection Letter Overshadowing Claims

24 September 2020

2nd Cir. Holds FDCPA Defendant’s ‘Bona Fide Error’ Defense Should Go to Jury

22 September 2020

Bona Fide Error Defense Doesn't Always Apply in "Amount of Debt" Cases

14 September 2020

Credit Reporting Issues and False Threats from Debt Collectors—Featured Topics in CFPB's Supervisory Highlights

10 September 2020

CFPB Sues Encore for Issues Related to Collection Litigation and Time-Barred Debts (and the Irony Behind Some of These Claims)

9 September 2020

Plaintiff's Counsel Drops the Ball, Court Grants Summary Judgment for Debt Collector

3 September 2020

Neither Snow Nor Rain Nor Heat Nor Gloom of Night: Debt Collection and the USPS

26 August 2020

Another Overshadowing FDCPA Claim Bites the Dust

25 August 2020

Dismissals of Overshadowing/Letter Format Claims Continue in E.D.N.Y.

11 August 2020

Attention ARM Leaders: Debt Collection Payment Portals are Communications Under the FDCPA

6 August 2020

Consumer Relations Consortium Submits Comment to CFPB’s SNPRM for Time-Barred Debts

5 August 2020

7th Circuit Reiterates: Credit Reporting Medical Debts Separately is Not a Violation

4 August 2020

New Bill in House, Would Amend FDCPA to Prohibit Consumer Debt Collection During National Disasters or Emergencies

29 July 2020

Audit What You Credit Report or Lose the Bona Fide Error Defense

27 July 2020

Legal-Related Language in Collection Letters, and How N.D. Illinois Can't Make Up Its Mind

16 July 2020

4th Cir. Holds Each FDCPA Violation Subject to New Statute of Limitations

15 July 2020

Circuit Split on Standing Gets Wider: 11th Circuit Tosses FDCPA False/Misleading Claim

8 July 2020

CFPB Rulemaking Agenda: Final Rules Expected October 2020

1 July 2020

Wash. AG Sues Debt Collector for Time-Barred Debt Issues

30 June 2020

CFPB Testing Model Validation Notice...Again

29 June 2020