Keith Davidson v. Capital One Bank (USA), N.A.

Brief of the Federal Trade Commission before the Eleventh Circuit seeking rehearing en banc of a panel ruling that an entity who acquires and collects on defaulted debts does not qualify as a “debt collector” under the Fair Debt Collection Practices Act (FDCPA) and, accordingly, is immune from the Act’s requirements. The Commission argues this interpretation perverts the purpose of the FDCPA and thwarts the ability of law enforcement to protect consumers from abuse.