Consumer Protection Law: A Comprehensive Guide to the FDCPA FCRA TCPA and State Udap Statutes

46 questions on consumer protection law, answered and cited by the UpLaw editorial team.

• Are courts bound by FCC interpretations of the TCPA?
• Are debt buyers “debt collectors” after Henson v. Santander?
• Can a collector pursue a time-barred debt?
• Can a company be liable under the TCPA for calls its vendor placed?
• Does the FDCPA apply to lawyers and to foreclosure firms?
• Do the federal consumer statutes require proof of intent?
• How can a consumer revoke TCPA consent?
• How do state UDAP statutes vary?
• How do the FDCPA, FCRA, TCPA, and state UDAP statutes compare on damages and limitations?
• How long may adverse information be reported on a consumer report?
• Is there a private right of action under the FTC Act?
• What are a business's do-not-call obligations under the TCPA?
• What are a furnisher's duties under the FCRA, and why must a consumer dispute to the credit bureau first?
• What are “deception” and “unfairness” under FTC Act Section 5?
• What are the FDCPA's rules on when, where, and with whom a collector may communicate?
• What are the TCPA's three independent prohibitions?
• What are unfair or unconscionable practices under FDCPA § 1692f?
• What conduct counts as harassment or abuse under FDCPA § 1692d?
• What counts as a “debt” under the FDCPA, and does it cover business debt?
• What counts as an “adverse action” in FCRA employment screening?
• What damages are available under the FCRA, and what makes a violation willful?
• What did Facebook v. Duguid decide about autodialers?
• What did Spokeo and TransUnion hold about standing in consumer cases?
• What does “abusive” mean under the CFPB's UDAAP authority?
• What does the Fair Credit Reporting Act actually regulate?
• What false or misleading representations does FDCPA § 1692e prohibit?
• What is a “permissible purpose” under the FCRA, and what is the most common violation?
• What is the difference between prior express consent and prior express written consent under the TCPA?
• What is the established business relationship exemption, and what does it not cover?
• What is the FCRA's standalone disclosure rule, and why does a better form become a worse form?
• What is the “least sophisticated consumer” standard?
• What is the most effective defense against a consumer protection class action?
• What is the “unlawful” prong of a UDAP statute, and why does it matter?
• What must a credit reporting agency do when it receives a consumer dispute?
• What must an FDCPA validation notice contain, and what is “overshadowing”?
• What remedies does the FTC have after AMG Capital Management v. FTC?
• What safe harbors did Regulation F create for debt collectors?
• What sequence must an employer follow when running a background check under the FCRA?
• Where did TCPA litigation go after Duguid?
• Which consumer claims survive TransUnion, and which do not?
• Which entities are excluded from the FDCPA's definition of debt collector?
• Who is a “consumer reporting agency” and what is a “consumer report”?
• Who is a “debt collector” under the FDCPA?
• Why do consumer protection cases settle for more than the underlying harm seems worth?
• Why is consumer protection law a compliance problem rather than a fraud problem?
• Why is winning a standing motion sometimes a loss for the defendant?