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# Supreme Court Ends Theory of Liability under FDCPA

*Published 2017-06-28*

> On May 15, the U.S. Supreme Court put to rest a theory of liability under the Fair Debt Collections Practices Act (FDCPA or Act). This has a major impact on both the credit and collections industry as well as bankruptcy practitioners who represent creditors. The court found that "the filing of a proof of claim [...]

On May 15, the U.S. Supreme Court put to rest a theory of liability under the Fair Debt Collections Practices Act (FDCPA or Act). This has a major impact on both the credit and collections industry as well as bankruptcy practitioners who represent creditors.

The court found that &#8220;the filing of a proof of claim that is obviously time-barred is not a false, deceptive, misleading, unfair or unconscionable debt collection practice&#8221; under the FDCPA, reversing the judgment of the Eleventh Circuit.

Three things were found in this case:

State law determines whether a person has a &#8220;claim&#8221; or &#8220;right to payment&#8221; &#8211; In this case, the law of Alabama says a creditor has the right to payment of a debt even after the limitations period has expired.

A Proof of Claim is Not a Civil Lawsuit &#8211; The filing of a lawsuit to collect a debt beyond the statute of limitations is in fact an FDCPA violation.

The FDCPA and the Code serve separate purposes &#8211; With the FDCPA, the Acts work to protect consumers by preventing consumer bankruptcies in the first place. The Code creates and maintains the delicate balance of a debtor&#8217;s protections and obligations.

The courts have spent many years stretching the Act beyond what Congress had intended. The FDCPA has seen many interpretations due to a lack of regulation. This case is just another example.

View the full update on this case from InsideARM here.