Delgado v. Capital Management Services
This case concerns the circumstances under which a debt collector may violate the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., by seeking to collect a debt for which the statute of limitations for initiating a collection action has expired. The Bureau joined the Federal Trade Commission in filing an amicus brief that argues that actual or threatened litigation is not a necessary predicate for an FDCPA violation in these circumstances. Rather, the brief argues that the FDCPA may be violated where the debt collector engages in communication that tends to deceive or mislead unsophisticated consumers.