Guide · Consumer Protection

Consumer Credit Reporting and Debt Collection: A Comprehensive Guide to the FCRA, FDCPA, and Identity Theft Remedies

15 U.S.C. §§ 1681

Type
Guide
Jurisdiction
National
Date
2023-10-21
Topic
Consumer Protection

This guide covers consumer credit reporting and debt collection as a single connected system, because in practice a consumer facing one is usually facing both. Part 1 maps the credit reporting statute: accuracy duties, permissible purpose, file access, the reinvestigation mechanism, and the furnisher duty that only a bureau-routed dispute triggers. Part 2 covers damages, willfulness under Safeco, and the standing requirements imposed by Spokeo and TransUnion, and Part 3 covers identity theft and the four-day blocking remedy. Part 4 covers the collection statute: who is covered after Henson and Obduskey, the validation notice, the prohibitions, venue, and remedies. Part 5 covers time-barred debt and the revival trap, and Part 6 covers the debt-buyer lawsuit, the two proof problems, the answer, discovery, arbitration, and vacating a default. Part 7 covers judgments, exemptions, garnishment caps, and bankruptcy. Part 8 covers medical debt and student loans, which follow different rules entirely, and Part 9 covers state statutes, worked examples, and practice notes for each role.

Consumer Credit Reporting and Debt Collection: A Comprehensive Guide to the FCRA, FDCPA, and Identity Theft Remedies

Consumer Protection > Credit and Debt | Published 21 October 2023 - Updated 25 February 2025 | UpLaw - uplaw.us

Two federal statutes, enacted seven years apart, govern nearly everything that happens between a consumer and a debt. Neither works the way people assume, and the most valuable rights in both are exercised in a single letter.

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