The Federal Debt Collection Practices Act (FDCPA) was designed to oversee consumer debt collection practices to ensure the fair treatment of debtors. The FDCPA provides specific instructions as to how debts are to be confirmed by collection agencies and how consumers can dispute the validity of debts that collection agencies are trying to collect.
The law specifies collectors can call between 8 a.m. and 9 p.m. and limits the frequency of contact. If you are a Louisiana resident and you have been the victim of a debt collector who does not adhere to the FDCPA, you could be eligible for $1,000 or more in damages. You should consult with an FDCPA attorney in Louisiana so you can stop the harassment you are receiving from the debt collection agency.
Louisiana FDCPA Laws and How They Work
While the FDCPA applies in Louisiana just like in all other states, the state has enacted additional laws that will help with the protection of the debtors. Louisiana laws requires that debt collection agencies and any debt collectors register with the Secretary of State. The state also limits the collection practices for those who are trying to collect debts.
Louisiana laws are most useful when a debt collection involves a creditor who is trying to collect their own debt. The state laws indicate that the debt collector cannot anyone about the debt if they do not live in the same household as the debtor, but the debt collector is allowed to contact the original creditor, anyone the creditor consents to per the contract, a credit reporting agency, and anyone to ascertain the whereabouts of the debtor if he or she has moved or changed employment.
Differences in FDCPA and Louisiana FDCPA Laws
While the FDCPA is clear about prohibiting any collection action that is manipulative or deceptive, the Louisiana laws are more detailed. The state law indicates that if the debtor requests that there be "no contact" by sending a letter by certified or registered mail, the creditor is required to stop communications.
The rule does have a few exceptions, however. The debt collector can mail one notice per month, make up to four personal contacts with the intention of settling the debt, file a lawsuit for non-payment, make a demand that is amicable for payment of the debt, contact anyone to find out what property the debtor owns if a judgment has already been issued, or contact others if the debtor has previously given permission to do so and not revoked that permission. The FDCPA laws regarding a "cease and desist" request are much more strict than the state laws.
Consult with an FDCPA Attorney
If you have been the victim of illegal debt collection tactics, you should consult with a Louisiana FDCPA attorney. An attorney can ensure your rights are protected and get the debt collector to stop harassing you. The FDCPA attorney can also file civil action against the debt collector so you can seek damages if you can prove negligence, defamation, or the intentional infliction of harm.