Regulators File Amicus Brief in Collection Case

The Consumer Financial Protection Bureau and Federal Trade Commission filed an amicus brief in the case of Hernandez v. Williams, Zinman & Parham (WZP), which concerns the interpretation and enforcement of the Fair Debt Collection Practices Act.

The FDCPA provides that a "debt collector" must send a consumer a notice containing important information about the consumer's debt and rights either in "the initial communication" or within "five days after the initial communication with a consumer in connection with the collection of any debt."

Consumers have 30 days after receiving such a notice to dispute the debt and to request information about the original creditor.

The arguments in the brief filed by the CFPB and FTC state that every collector contacting a consumer - not simply the first debt collector attempting to collect a particular debt - must send a notice that complies with this provision.

The brief states that the district court "erred in concluding WZP had no obligation to comply … because it was not the first debt collector to attempt to collect [Maria] Hernandez's debt" and thus the circuit court should reverse the ruling granting summary judgment to WZP.