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ARTICLE · 14 SEPTEMBER 2016

What You Don't Say Can Hurt You

Hunton Andrews Kurth LLP
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On September 8, 2016, the Fifth Circuit Court of Appeals issued an opinion interpreting the Fair Debt Collection Practices Act in a way that further constrains the actions of debt collectors.

United StatesConsumer Protection
Andrews Kurth LLP
Andrews Kurth LLP
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On September 8, 2016, the Fifth Circuit Court of Appeals issued an opinion interpreting the Fair Debt Collection Practices Act ("FDCPA")1 in a way that further constrains the actions of debt collectors.

The Fair Debt Collection Practices Act

Congress enacted the FDCPA to protect consumers against abusive debt collection practices.2 Importantly, the statutory definition of "debt collectors" not only includes persons who collect debts for others, but also includes creditors who use certain methods to collect their own debts.3 If a debt collector violates the FDCPA, the statute allows a debtor to recover actual damages, additional damages of up to $1,000 (or more if the case is a class action), costs, and reasonable attorney's fees.4

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