Latest Posts
Home > Debt Articles > CFPB and FTC Want Debt Collectors to Tell You When They Can’t Sue

CFPB and FTC Want Debt Collectors to Tell You When They Can’t Sue

On August 14, 2013, the CFPB, jointly with the FTC, filed an amicus brief in Delgado v. Capital Management Services, LP, et al., a case on appeal to the Seventh Circuit. The brief urges the Seventh Circuit to affirm the district court’s refusal to dismiss a class action complaint alleging that a debt collector’s letter offering a settlement of the plaintiff’s credit card debt violated the Fair Debt Collection Practices Act (FDCPA) because it did not disclose that the debt was time-barred.

Even though the letter did not threaten litigation, the plaintiff claimed that the letter nevertheless violated the FDCPA’s prohibition of a debt collector’s use of “any false, deceptive, or misleading representation or means in connection with the collection of any debt.” According to the plaintiff, the collector’s failure to disclose that the debt was time-barred, together with setting a 45-day deadline for paying the settlement amount, amounted to a misleading representation that the debt could be legally enforced. – Source

Do you think debt collection companies should inform consumers when the debt can’t be collected by suit or is outside the statute of limitations?


Get Out of Debt Guy – Twitter, G+, Facebook

Need More Help?

Get Out of Debt Free Hotline
debt settlement helpstudent loan help

About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

Get My FREE Get Out of Debt Guy Newsletter

It is the smart thing to do.

I promise to keep your email safe and secure.


I want to keep you posted each weekday with just one email about the latest get out of debt news, scam alerts and information to beat back debt.

You can unsubscribe at any time with just one click.

After you subscribe, check your email to confirm your subscription. If the confirmation email does not appear in your inbox in a few minutes, check your spam folder for it. Sometimes it likes to annoyingly hide there.

  • It will keep you posted on the latest scams.
  • You will be alerted to the latest articles.
  • You will wind up smarter than everyone else dealing with debt.