Debt collectors should act professionally when performing their job. This is implied in the federal Fair Debt Collection Practices Act (FDCPA), which protects consumers from abusive debt collectors. Unfortunately, not all of them conduct their collecting duties appropriately.
To cite a good example, it was alleged in an ABC News report that a debt collector from Rumson, Bolling & Associates was recorded to have uttered inappropriate messages to a woman owning money for the funeral of her daughter.
The debt collector was said to have called the woman "white trash," "piece of crap," and “lowlife,” and threatened to dig her daughter up, hang her from a tree, have their dog shot and eat it. He was also quoted to have said "are you going to pay this bill right now...or am I going to have to kill you?"
Needless to say, this is unacceptable, even criminal. Collectors like this should be held liable for such practices under the FDCPA.
FDCPA in Louisiana
The state of Louisiana fully implements the FDCPA and provides other restrictions to protect its resident consumers. Through its law, collectors of debts are required to be registered and the frequency that they can contact debtors, as well as whom to contact about the debt, is regulated.
The College Campus Credit Card Solicitation Act is another Louisiana law that prohibits creditors from collecting the credit card debt from parents of the student who owns it, unless otherwise agreed upon. A violation of this Act may hold the credit card issuer liable to pay fines, legal costs and attorneys’ fees.
Louisiana Statutes of Limitations
Debtors may find some relief to the fact that there is a period of time by which creditors can file a lawsuit for defaulting debts. This is referred to as statute of limitation and each state imposes them. In Louisiana, the statute of limitation for credit card debts and those obtained with a written contract, such as an auto purchase, is three years.
For promissory notes and debts under oral agreements have a 10 year statute of limitation. To make sure that you will not be sued beyond this period of time, ask an FDCPA attorney in Louisiana if your debt went pass this limitation.
Advice from a Louisiana FDCPA Attorney
If you belong in a one party consent state like Louisiana, you may record your conversation with a debt collector without the need of his permission and use it as evidence against him under an FDCPA claim.
In the example given above, the conversation of the debt collector from Rumson, Bolling & Associates was recorded and used in the claimant’s favor.
You can seek the advice and assistance of a Louisiana FDCPA attorney to file the claim on your behalf and go after an abusive debt collector. They are under no circumstance entitled to act in such manner and are in fact prohibited from employing practices that includes the following:
- Making threats;
- Using profanities and insults;
- Calling frequently and in unusual hours and place;
- Pretending to be a law enforcement
Whether you live in New Orleans or Westwego, you are covered by the FDCPA. Your FDCPA attorney in Louisiana will be able to help you with the legal guidance and assistance in your claim against a debt collector that violates the law.
Get a Free Evaluation
You can get a Free Evaluation now and determine if you are likely to succeed in your claim for damages on a debt collector who violates the FDCPA. Debtors who want to file claims under the FDCPA only have one year from the time the misdeed has been made to do so.
Should you need the assistance of a Louisiana FDCPA attorney, one will be urgently connected to you.