Consumers that are harassed by debt collection agencies are protected by a groundbreaking consumer protection law known as the Fair Debt Collection Practices Act (FDCPA).
In response to growing discontent among consumers concerning the aggressive tactics implemented by many third party debt collectors, the United State Congress passed the FDCPA to outlaw several previously accepted bill collector practices.
For example, a debt collection agency is prohibited from contacting you at work, if your employer makes it clear such calls are not allowed.
The FDCPA also includes provisions that punish third party debt collectors from breaking federal consumer protection law. Your FDCPA lawyer can seek a one-tine statutory damage award of $1,000.
In addition, the FDCPA grants consumers the right to seek monetary damages for suffering from physical and/or emotional distress. Bill collectors can also be forced to pay back lost wages and any income garnished to pay off a delinquent credit card or personal loan account.
FDCPA Laws in Louisiana
Although the FDCPA covers every citizen living in every state, bill collectors must also follow FDCPA laws enacted by each state. For example, the FDCPA clearly outlaws deceptive debt collection practices, but Louisiana has passed consumer protection laws that go into much more detail in defining what is deceptive debt collection efforts.
Under Louisiana FDCPA laws, you can send a cease and desist letter by registered mail to end all forms of communication with a bill collector. There are a few outs for a debt collection agency, such as having the right to send one notice per month and filing a lawsuit in civil court to collect outstanding credit card and personal loan balances.
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How the FDCPA and Louisiana Collection Laws Protect Consumers
The FDCPA and Louisiana collection laws make it perfectly clear that debt collection agencies can contact consumers only between the hours of eight in the morning and nine at night.
Any phone calls made after 9 pm and before 8 am are considered violations of the FDCPA, which can cost third party debt collectors a considerable amount of money in monetary damages.
A debt collector is prohibited from using abusive language in attempts to coerce you to pay off an outstanding consumer debt. Moreover, you should not put up with debt collection agency behavior that includes a company contacting a third party in regards to your debt.
Louisiana FDCPA laws make it illegal for bill collectors to contact anyone that doesn’t live in the same house as you. This means your friend and relatives are off limits to a debt collection agency.
Original creditors have a limited time to file a lawsuit concerning an outstanding consumer debt, which is referred to as the Louisiana statute of limitations on debt collections. In the Bayou State, debt collection agencies have three years to settle delinquent credit card and personal loan accounts.
The statute of limitations in Louisiana for oral and written contracts spans 10 years.
Make sure you have the best legal counsel to fight back against an aggressive debt collection agency. Contact a Louisiana licensed consumer protection attorney to learn more about state and federal FDCPA statutes.
If you believe that a debt collector is violating Louisiana’s FDCPA laws, you should seek the help of an FDCPA attorney. You may be able to seek up to $1,000 in damages for each violation of the FDCPA. An attorney will be able to help navigate you through the entire process.
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