The Fair Debt Collection Practices Act: Bringing Suit Based on State Court Litigation and Judgment Enforcement Misconduct

The Fair Debt Collection Practices Act is a powerful tool against abusive collection practices, including unfair and deceptive practices by debt buyers and collection attorneys occurring in the context of state court consumer collection litigation and judgment enforcement.

The Act’s strict liability standard and mandatory attorney’s fees provisions are not, however, a guarantee of success –  a wide variety of issues, from statutory coverage and definitions (i.e., who is a “debt collector," what constitutes a “debt," etc.) to the “bona fide error” defense, to the requirement that violations be “material” – can pose obstacles for practitioners unfamiliar with the Act and the abundant caselaw interpreting it. Conversely, without familiarity with the Act, practitioners may not recognize violations that occur in the context of high volume collection and judgment enforcement practice.

Join Dan Schlanger for a discussion of how to skillfully vet, plead and litigate FDCPA claims based on unfair and deceptive conduct occurring during the course of state court collection litigation and post-judgment enforcement. Mr. Schlanger is a partner at Kakalec & Schlanger, LLP, where he focuses on class action and other significant affirmative consumer litigation brought under the FDCPA and other state and federal statutes.

Learning Objectives:

1. Understand the scope of the FDCPA and its application to various aspects of the state court litigation and judgment enforcement process
2. Become familiar with common defenses to FDCPA claims based on litigation misconduct and how to address them
3. Learn to vet, structure and litigate FDCPA claims regarding state court litigation misconduct so as to avoid common pitfalls

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