Resurgence of the FDCPA

Following a disappointing development at the US Supreme Court in the last year, most lawyers thought that the FDCPA was on life support and might not survive.  However, the Third Circuit Court of appeals has just issued an opinion that breathes new life into this statutory scheme and offers those who are victims of un-scrupled debt collectors renewed hope.

The FDCPA is the federal law that gives relief to those who are lied to or abused by debt collectors.  It assures fairness in debt collection practice by giving victims of prohibited collection activities monetary awards, attorney fees, and costs.

There is now a controversy in the courts about whether the FDCPA applies to people who buy defaulted debt for the purpose of collecting it.  Suffice it to say that if you are subject to abusive tactics by a debt collector, you will need to consult an attorney to find out the current state of the law in this fast emerging and changing area.

This article is written by an attorney at Wyatt & Mirabella, PC. Always consult an attorney before making any legal decisions. To make an appointment today for a free consultation, please click here to contact us.