Thursday, February 11, 2021
The Fair Debt Collection Practices Act (“FDCPA”) is a significant piece of legislation. It has regulated “debt collectors,” as defined by statute, for over 40 years. Recently, the Consumer Financial Protection Bureau issued a new rule implementing the statute’s enforcement (for CPW’s prior coverage, check out here and here). Despite these significant developments, however, a recent opinion reminds us of one significant shortcoming concerning the FDCPA:
the Supreme Court has never addressed standing under the statute. In the absence of precedent from the nation’s highest court, this recent opinion highlights a common standing analysis performed by courts faced with standing issues under FDCPA claims. Read on to learn more.