Still, David v. Wayfair Inc.
A court ruling in Still v. Wayfair Inc. addresses the intersection of EFTA and FDCPA, potentially expanding liability for electronic fund transfers in debt collection. This may affect how collection agencies and debt buyers handle payment methods and disclosures.
Aforeworn detected this change in the Debt Collection (FDCPA / State) space on July 7, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Medium urgency. Collection agencies, debt buyers, collection law firms, and creditor first-parties that accept electronic payments or use electronic fund transfers in debt collection. should confirm how it applies to their specific situation before acting. There is a time constraint attached: Within 60 days to assess and update policies; immediate review if currently facing litigation.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Debt Collection (FDCPA / State) continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
The court clarified that EFTA claims can proceed alongside FDCPA claims, potentially increasing exposure for violations related to electronic payment processing, such as unauthorized debits or inadequate disclosures.
Who it affects
Collection agencies, debt buyers, collection law firms, and creditor first-parties that accept electronic payments or use electronic fund transfers in debt collection.
What you must do
Review current practices for electronic fund transfers in debt collection to ensure compliance with both EFTA and FDCPA, including proper authorization and disclosure procedures.
Deadline
Within 60 days to assess and update policies; immediate review if currently facing litigation.
Source: https://www.courtlistener.com/opinion/10843345/still-david-v-wayfair-inc/
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