Federal and State Fair Debt Collection Practices Law Developments

摘要

The FDCPA turns thirty this year and, as this year's Survey demonstrates, significant questions about its interpretation continue to emerge including, surprisingly, the extent to which courts are entitled to ignore the hyper-technical requirements of the FDCPA. As the list of rules which are different in different circuits grows, it is hard to disagree with the observation made by Professors Lucas and Harrell that "perhaps the circuits would be better served if Congress would clarify some of the vexing issues still contributing to FDCPA litigation, so as to establish consistency across the circuits." It is also hard to disagree with their conclusion that "in the meantime... those involved in debt collection activity will do well to remain up to date with federal court precedent in their circuit." With the advent of state mini-FDCPA statutes, those involved will need to read a new set of decisions as well.