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Fair Debt Collection Practices Act
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==Enforcement of the FDCPA== The [[Federal Trade Commission]] originally had the authority to administratively enforce the FDCPA using its powers under the [[Federal Trade Commission Act]].<ref>{{usc|15|1692l}}</ref> However, under the sweeping reforms of the 2010 Dodd-Frank Act, the FDCPA is enforced primarily by the [[Consumer Financial Protection Bureau]].<ref>{{cite web|title=Debt collection|url=https://www.consumerfinance.gov/consumer-tools/debt-collection/|website=Consumer Financial Protection Bureau|access-date=16 June 2017}}</ref> Aggrieved consumers may also file a private lawsuit in a state or federal court to collect damages (actual, statutory, attorney's fees, and court costs) from third-party debt collectors. The FDCPA is a [[strict liability]] law, which means that a consumer need not prove actual damages in order to claim [[statutory damages]] of up to $1,000 plus reasonable attorney fees if a debt collector is proven to have violated the FDCPA.<ref>{{usc|15|1692k}}(a)(2)</ref> The collector may, however, escape penalty if it shows that the violation (or violations) was unintentional and the result of a "[[bona fide]] error" that occurred despite procedures designed to avoid the error at issue.<ref>{{usc|15|1692k}}(c)</ref><ref>{{cite court|litigants=Johnson v. Riddle |vol=443 |reporter=F.3d |opinion=723 |court=10th Cir. |date=2006 |url=http://ca10.washburnlaw.edu/cases/2006/04/04-4036.htm}}</ref> Alternatively, if the consumer loses the lawsuit and the court determines that the consumer filed the case in bad faith and for the purposes of harassment, the court may then award attorney's fees to the debt collector. Another limitation is the one year [[statute of limitations]], which the Supreme Court ruled in ''[[Rotkiske v. Klemm]]'' (2019) starts tolling from the date of the alleged violation, not from the date the incident was discovered.<ref>{{cite court|litigants=Rotkiske v. Klemm |vol=589 |reporter=US |opinion=10-328 |court=Supreme Court |date=2019 |url=https://www.supremecourt.gov/opinions/19pdf/18-328_pm02.pdf}}</ref>
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