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Expert Analysis

A Setback For Plaintiffs Attempting To Expand The FDCPA

Law360, New York (September 14, 2015, 7:41 AM EDT) -- In Davidson v. Capital One Bank (USA) NA, No. 14-14200 (11th Cir. Aug. 21, 2015), the Eleventh Circuit Court of Appeals held that, for purposes of the Fair Debt Collection Practices Act, a person does not qualify as a "debt collector" if the person fails to satisfy the statutory definition even though the "debt on which [the person] seek[s] to collect was in default at the time they acquired it." Id. slip op. at 12. In essence, plaintiffs cannot use other sections of the FDCPA in an attempt to enlarge the statutory definition....

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