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All You Need to Know About the Fair Debt Collection Practices Act but Didn't Know to Ask

OnDemand Webinar (59 minutes)

Make sure your team stays compliant in collection efforts with insights on litigation and collection rules.This material will help you gain a full understanding of the reach of the Fair Debt Collection Practices Act, a Federal consumer protection law that regulates the collection of consumer debts by third persons, including debt collection attorneys. This material will explain the history of the FDCPA and will explore in detail the regulatory requirements imposed by the Act. The material will delve into case decisions interpreting the FDCPA's conduct relating provisions prohibiting false, deceptive and misleading representations, harassment or abuse of debtors and unfair or unconscionable debt collection practices. The topic will also discuss the right of the consumers to bring an action in Federal Court under the FDCPA and what remedies are available under the Act.


Ronald S. Canter, Esq., The Law Offices of Ronald S. Canter, LLC


History of FDCPA

• Enacted in 1977

• Covers Third-Party Collectors Whose Principal Purpose of Business Is Collection of Debts or Who Regularly Collect Debts

• Attorney Exemption Repealed in 1986

• Dodd-Frank Act Authorizes CFPB to Adopt Interpretive Rules

Three Prongs of Enforcement

• Mandatory Disclosures - Initial Communication and Follow-up Communication

• Limits on Communications With Consumers and Third Parties

• The Substantive Heart - Outlaws Harassment and Abuse; False, Deceptive or Misleading Statements; and Unfair Collection Practices

FDCPA Litigation and Compliance

• Survey of Recent Case Law on Article III Standing

• The Bona Fide Error Defense

• Class Action Litigation

FDCPA Debt Collection Rule Making

• CFPB First Began Studying Issue in 2013

• Moving the FDCPA Into the 21st Century - Email and Text Communications

• What's Missing - CFPB's Lack of Authority Over Telephone Communications