consumer/FDCPA claims
Are you being harassed by abusive debt collectors, collection
attorneys, and creditors? We can help.
KNOW YOUR RIGHTS.
There are numerous protections available to consumers under both federal and
state law. It is important that you know your rights as a consumer so that
you can better protect yourself from aggressive and abusive debt collectors
and creditors. Below is a brief overview of your rights under federal and state
law:
Fair Debt Collection Practices Act (15 U.S.C. 1692, et seq.)
The federal statute known as the Fair Debt Collection Practices Act, or FDCPA,
provides many important protections to individuals, and subjects debt
collectors and collection attorneys to stiff penalties for violating the provisions
of the Act.
Under the FDCPA, debt collectors and collection attorneys may not:
- Engage in harassing activity in an attempt to collect a debt (this prohibition means
that debt collectors cannot use abusive language, threaten violence or harm, call
you repeatedly, or call you without identifying themselves);
- Contact you before 8 a.m. or after 9 p.m.;
- Contact a third party about your debt;
- Contact you if you are represented by an attorney;
- Make false statements;
- Threaten legal action that they don't intend to pursue;
- Use deception or lie to you;
- Engage in any unfair behavior or conduct in an attempt to collect a debt.
Under the FDCPA, you have the right to:
- Dispute the debt and request validation of the debt;
- Sue a debt collector or collection attorney who has violated your rights under the
FDCPA (suit must be filed within one year of the violation).
What to do if you are being harassed by a debt collector or collection
attorney...
- Keep a call log of all telephone calls that you receive from a collector, including the
name of the caller, the name of the collection agency or law firm, the date, time,
and nature of the call, and all specific comments made to you by the collector;
- Save copies of all collection letters that you receive from the collectors;
- Save all voice mails and messages that you receive from the collectors;
- Contact the Grand Law Firm immediately at (225) 769-1414 or
email us for your free initial consultation. We can help you protect your rights and can stop the harassment that you are suffering at the hands of
abusive collectors.
Louisiana Collection Practices Law (LSA R.S. 9:3562)
While the FDCPA is only applicable to third party debt collectors, Louisiana has a consumer statute that applies to the original creditor. Section 3562 of Title 9 of the Louisiana Revised Statutes prohibits original creditors from contacting third parties about your debt and limits a collector's contact with you after the collector receives written notice to cease communications.
Louisiana Consumer Protection and Unfair Trade Practices Act (LSA
R.S. 51:1401, et seq.)
Louisiana also has a consumer statute that provides a remedy to consumers who have suffered an ascertainable loss due to the unfair practices of another party.
If you are being harassed by abusive debt collectors or if a collector is attempting to collect on a debt that was discharged in bankruptcy, CALL THE GRAND LAW FIRM TODAY FOR YOUR FREE INITIAL CONSULTATION...(225) 769-1414...WE CAN HELP.