The Fair Debt Collection Practices Act (“FDCPA”) regulates debt collectors, including collection agencies and attorneys, that regularly attempt to collect debts that belong to another. The FDCPA tells those parties what they can and what they cannot do while attempting to collect a debt. The FDCPA applies to debt buyers, collection agencies, lawyers, and law firms who attempt to collect a debt from you. The FDCPA applies even if you legally owe the money.
If a debt collector violates the Fair Debt Collection Practices Act (“FDCPA”) the debt collector may be liable to you for actual damages, up to $1,000.00 in statutory damages, your attorney’s fees, and costs.
Common violations of the FDCPA include:
1. Telling someone other than you or your spouse about your debt, whether you really owe the debt or not.
2. Calling you multiple times in the same day to annoy, abuse, or harass you.
3. Calling you at work after you told the collector you are not allowed to receive phone calls at work.
4. Threatening to have you arrested or put in jail.
5. Pretending to be affiliated with law enforcement.
6. Pretending to be court personnel including judges, clerks, etc.
7. Threatening to take any action against you they do not intend to take such as filing suit or falsely threatening to garnish your wages.
8. Cursing, yelling, or using obscene and/or profane language when they speak with you.
9. Threatening to garnish your wages before it has filed suit against you.
10. Suing you in a Parish other than where you live or where you signed the contract for the debt.
11. Suing you for a debt that is prescribed (beyond the statute of limitations).
12. Telling you they are a law office when they are not;
The Louque Law Firm, L.L.C. offers a free initial consultation to discuss your FDCPA case. For a review of your case, contact us to schedule a free confidential consultation.