In the last two months, plaintiffs have filed at least 35 purported class actions against debt collectors in Alabama, Florida and Georgia federal courts. Each of the complaints alleges the defendants violated the Fair Debt Collection Practices Act (FDCPA) by providing the plaintiff's confidential information to a third-party "mail house." Each also seeks statutory damages not to exceed $1,000 for each alleged violation on behalf of a class of purportedly similarly situated individuals. And it seems certain this is but the first wave in what could become an avalanche of similar cases.

The FDCPA is a federal law that governs the conduct of third-party debt collectors attempting to collect debts on behalf of someone else. Passed in 1977 as an amendment to the Consumer Credit Protection Act, it is designed to protect consumers from abusive debt collection practices. Among its many provisions is Section 1692c, which governs communications between debt collectors and both consumers and third parties. Specifically, and subject to certain exceptions, Section 1692c(b) places significant limitations on the communications a debt collector may have with third parties in connection with efforts to collect a debt.