Fair Debt Collection

Under the Fair Debt Collection Practices Act (FDCPA) of 1978, consumers have the right to receive fair treatment by debt collectors and collection agencies.

Any breach of the FDCPA’s standards by debt collectors or creditors can result in consumer lawsuits that could lead to hefty fines, as well as the payment of attorney fees and costs. At McGrath North, our attorneys carefully monitor the latest legislative and case law changes involving the FDCPA, the Federal Trade Commission’s debt collection laws, and applicable state statutes.  

Applying this knowledge, we advise our clients of these complex laws and statutes so they can maintain procedures and policies that avoid liability over unfair practices involving debt collections. 

Representative Matters:

• Analyzed collection against client’s collection system procedures, documentation and letters, and gave advice about compliance matters and prevention of possible FDCPA claims and litigation;
• Successfully defended a class action brought against a local collection agency, including successful handling of the plaintiff’s appeal to the Eighth Circuit Court of Appeals;
• Defended numerous related claims under the Telephone Consumer Protection Act and various state’s consumer protection laws;
• Successfully defended a local law firm in a FDCPA class action, ultimately obtaining a favorable settlement.