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FDCPA Lawsuits up for the first time since 2011

  • May 28 2015

Why have lawsuits against debt collectors decreased?

The FDCPA regulates how debt collectors are allowed to deal with consumers. The law allows for consumers to receive up to $1,000.00 for violations of these regulations, plus their attorney’s fees in some cases.  Recent trends show that significantly more people are filing claims under the Fair Debt Collection Practices Act than last year.  The number of lawsuits had been rising every year until 2012.  From 2012 until 2014, lawsuits filed under the FDCPA were becoming more infrequent every year.  But, the first quarter of 2015 demonstrates a 12% increase in filed claims from the same period in 2014.  This year would be the first year in which FDCPA lawsuits will increase since 2011.

The reasons for this trend are unknown.  It is possible that lawsuits were down in previous years because debt collectors were doing a better job of properly training their collectors to avoid violations.  Perhaps they’ve been doing a better job of settling these claims before they are filed as lawsuits.  It may be that creditors are sending fewer debts out to third party debt collectors, resulting in fewer violations of regulations, or, that consumers who have been wronged by debt collectors were less aware of their rights during this time.

While FDCPA lawsuits have been down in recent years, lawsuits filed for violations of the Telephone Consumer Protection Act or TCPA, have increased for each of the last three years.  The increase seems to correlate with the decrease in FDCPA lawsuits.  This year, as FDCPA lawsuits have increased for the first time in three years, TCPA lawsuits have decreased.

If a debt collector is harassing you and you want to learn about your rights under the FDCPA, the TCPA, or any other federal or state law, you should call the California law firm of Fitzgerald Campbell at 866-927-8289 today.  Our experienced attorneys are happy to help you fight back against unscrupulous debt collectors.

Posted in: Collection Harassment, Credit Card Debt, Credit Card Lawsuits, Debt Collections, Debt Questions, Debt Settlements