Fair Debt Collection Practices Act (FDCPA) Litigation

The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that establishes general standards of proscribed conduct and defines and restricts abusive collection acts. The FDCPA provides specific rights for consumers and protects them from invasion of privacy, harassment, abuse, false or deceptive representations, and unfair or unconscionable collection methods. Troutman Sanders’ Financial Services Litigation practice regularly defends debt collectors, debt buyers, banks, loan servicers and creditors against individual and class actions under the FDCPA and related state debt collection statutes.

Whether representing large national or small local debt collectors and debt buyers, we understand the highly technical nature of these federal and state statutes. The requirements and prohibitions contained within these laws are highly specialized and heavily litigated, and require legal advisors who are steeped in, and ready to assist clients with any of their compliance and litigation needs. Troutman Sanders' attorneys provide ongoing analysis and commentary on developments in the consumer financial services industry on the Consumer Financial Services Law Monitor located at www.cfslawmonitor.com.

Troutman Sanders has represented debt collectors and other related entities in hundreds of lawsuits under the FDCPA. Our attorneys represent clients involved with individual and class action complaints and actions regarding a broad range of alleged FDCPA or state law violations, including the following:

  • Communications by debt collectors with consumers and third parties, such as disclosure of identity and debt (i.e., Foti claims);
  • Harassing, oppressive and abusive conduct, including via telephone calls;
  • Alleged robo-signing of supporting affidavits;
  • False, deceptive, or misleading representations in affidavits;
  • False representations of character or legal status of debt;
  • Collection of amounts not authorized by contract or law;
  • Threats of illegal action;
  • Collection of time-barred debts;
  • Failure to properly verify debt; and
  • Continuing to collect a debt that has been discharged in bankruptcy.