FDCPA Lawyer – Collections

Here are some of the basic guidelines the FDCPA provides:

• Finding Out the Location of a Debtor: If a collector is trying to track down the location of a debtor, they must identify themselves, their motive and their employer if requested. They can only contact parties once to try to obtain this information unless it is determined that the information they received is false or if they reasonably believe someone has updated information.
• Communicating with the Consumer: When it comes to collecting a debt, collectors are prohibited from contacting debtors at inconvenient times or at their place of employment, if the collector knows the consumer cannot take such calls at work. Once the collector becomes aware that the debtor has an attorney, all communication must be done through the attorney and no other third party can be involved.
• If a debtor notifies the collector in writing that they are refusing to pay the debt, the collector must refrain from contacting them further to collect the debt. They may only contact them to let them know that they are withdrawing the debtor to tell them that special remedies will or may be invoked by the collector.

• Threats of violence.
• Obscene language.
• Publishing the consumer’s name on a list of people who refuse to pay debts unless the publication is made to a consumer reporting agency.
• Repeated contact with the debtor or a third party with the intent to annoy and harass the individual.

• Misrepresenting the character, status, or amount of the debt.
• Claiming to be a government official.
• Claiming to be an attorney.
• Claiming that failure to pay will result in an arrest or confiscation of property.
• Threatening impermissible legal action.
• Threatening unintended legal action.
• Communicating false information about the debtor’s credit.
• Using deceptive means to attempt to collect the debt.
• Implying they are employed by a consumer reporting agency.
• Using unfair means to collect any interest, fees, or charges that have not been authorized by the original contract.
• Threatening to deposit postdated checks.
• Charging consumers for communication including telephone and telegram fees.
• Failing to provide written notice of the consumer’s debt and dispute rights within five days of calling the consumer.

If you are being asked to pay a debt in the state of Louisiana and you feel as if the collector is crossing a line, you may need the help of a reliable lawyer. Samuel Ford of Alexander Shunnarah Personal Injury Attorneys has a multitude of experience with FDCPA claims.

Debtors have rights. Make sure yours are protected. If a collector is harassing you, don’t let them get away with it. Call the SVHC team today. 

Samuel Ford of SVHC offers free consultations and, if you have a claim, you may be able to recover all associated costs and attorney’s fees, meaning SVHC may be able to represent you at no cost to you! Contact Samuel Ford today!