Skip to Content

Archives

SCOTUS Clarifies Who is a Debt Collector Under FDCPA

On May 10, 2019 by Schnader in Finance

By Stephen A. Fogdall The Fair Debt Collection Practices Act (FDCPA) prohibits a “debt collector” from using any “false, deceptive, or misleading representation or means in connection with the collection of any debt,” as well as any “unfair or unconscionable means to collect or attempt to collect any debt.”  15 […]

Read More

SCOTUS Clarifies Who is a Debt Collector Under FDCPA

On July 5, 2017 by Schnader in Finance

By Stephen A. Fogdall The Fair Debt Collection Practices Act (FDCPA) prohibits a “debt collector” from using any “false, deceptive, or misleading representation or means in connection with the collection of any debt,” as well as any “unfair or unconscionable means to collect or attempt to collect any debt.”  15 […]

Read More

Consumer Financial Protection Bureau Puts Creditors on Notice of Rulemaking Under the Fair Debt Collection Practices Act

On November 11, 2013 by Schnader in Finance

By Edward J. Sholinsky Last week, the Consumer Financial Protection Bureau issued a news release and Advance Notice of Proposed Rulemaking that signals the Bureau’s intention to broadly exercise its claimed power under the Fair Debt Collection Practices Act to regulate creditors and debt collectors.  Most notably, the Bureau is claiming […]

Read More

The Third Circuit holds that communications with debtors during bankruptcy proceedings can expose debt collectors to liability under the FDCPA

On October 14, 2013 by Schnader in Finance

By Stephen J. Shapiro The Third Circuit, addressing an issue of first impression in the circuit, recently held that debtors who receive communications from debt collectors in the course of bankruptcy proceedings are not barred from pursuing claims alleging that those communications violate the Fair Debt Collections Practices Act (FDCPA).  In […]

Read More