Fair Debt Collection Practices Act—Time-Barred Debts
Midland Funding, LLC v. Johnson, No. 16-348
The Fair Debt Collection Practices Act (FDCPA) prohibits a debt collector from using a “false, deceptive, or misleading representation or means in connection with the collection of any debt” and prohibits a debt collector from using “unfair or unconscionable means to collect or attempt to collect any debt.” 15 U.S.C. §§ 1692e, 1692f. The courts of appeals have disagreed about whether a debt collector violates the FDCPA by filing a proof of claim regarding an unpaid debt as to which the statute of limitations on a collection action has expired. Today, the Court granted certiorari to decide whether an action against the debt collector is permitted in such circumstances.