Key legal authorities and background
Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. The core statute aimed at eliminating abusive, deceptive, and unfair debt collection practices. Consider its definitions of “debt collector” and “consumer,” prohibited conduct, and congressional intent.
Regulation F, 12 C.F.R. Part 1006. The Consumer Financial Protection Bureau’s modern rules on electronic communications, voicemails, emails, text messages, call-frequency limits, and validation notices.
Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. Accuracy of credit reporting, the duties of furnishers and collectors, and consumer dispute rights.
Telephone Consumer Protection Act, 47 U.S.C. 227. Restrictions on automated calls, robocalls, text messaging, and consumer consent.
E-SIGN Act. Electronic communications and legally sufficient consumer notices.
State consumer protection statutes. Mini-FDCPA laws, deceptive practices acts, and collector licensing.
Case law to research. Jerman v. Carlisle, Henson v. Santander Consumer USA, Obduskey v. McCarthy and Holthus, and TransUnion v. Ramirez, plus federal appellate decisions interpreting electronic communications under Regulation F.
Contested issues to explore
Artificial intelligence in collection (chatbots, automated negotiation, transparency and due process), electronic communications and consent, digital harassment and Regulation F frequency limits, identity theft and wrong-party collection, credit reporting accuracy and furnisher liability, data privacy and cybersecurity, and the balance between state and federal regulation.
Emerging trends
Expansion of AI and predictive analytics, CFPB enforcement priorities under Regulation F, the shift from phone calls to email and text, growth of medical-debt regulation, new state privacy laws, and proposals to modernize the FDCPA.