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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insideARM Weekly Recap- Week of April 8, 2024
15 April 2024
5th Circuit Reverses Judgment in FDCPA Case
10 April 2024
Third Circuit Finds Pennsylvania Lending Law Does not Regulate Collection of Charged-off Debt
21 February 2024
District Court Dismisses FDCPA Suit; Clarifies Debt Collector Communication on Identity Theft
11 January 2024
3rd Circuit Affirms District Court’s Decision That Losing a Debt Collection Case Does Not Necessarily Violate FDCPA
11 January 2024
CFPB Shuts Down Medical Debt Collector for Attempting to Collect Unverified Debt
19 December 2023
District Court Grants MSJ for Debt Collector in FDCPA Case Based on Interest Rate in Payment Plan
12 December 2023
Judge Dismisses FDCPA Case Alleging Violations Based on Undated Model Validation Notice
11 December 2023
Second Circuit Affirms Dismissal of FDCPA Case Holding Plaintiff Prompted Communication at Issue
28 November 2023
SOL Accrues When Collection Suit Served, Says Court
12 October 2023
Michigan Federal Court Grants Summary Judgment to Creditor on Standing Grounds in Case Alleging FDCPA Violation for Failure to Remove Dispute Notification
3 October 2023
Compliance with Reg F is Not the Same as Compliance With the FDCPA, Says Court
21 September 2023
Washington Federal Court Holds “Vague” and “Conclusory” References to “Reasonable Procedures” Not Enough to Establish FDCPA’s Bona Fide Error Defense
13 September 2023
Failure to Allege FDCPA Violation in State Court Leads to Tossing of Federal Suit
7 September 2023
New York District Court Approves Class Action in FDCPA Case Alleging Improper Debt Assignment Notification
6 September 2023
Ninth Circuit Confirms Discrete Actions in Debt Collection Litigation can Trigger FDCPA One-Year Statute of Limitations
30 August 2023
Kentucky Federal Court Holds Furnishing Data to Consumer Reporting Agency Does Not Subject Furnisher to Personal Jurisdiction in Consumer’s Home State
29 August 2023
Judge grants MSJ in class action over disputed debt investigation
15 August 2023
Indiana Appellate Court Reverses Summary Judgment in FDCPA Case Involving Bona Fide Error Defense
17 July 2023
14 Calls in 22 Days is Reasonable, Says Court
29 June 2023