Lawson at Law, PLLC regularly sues debt collectors and defends lawsuits brought by junk debt collectors. Some of the debt collectors that we fight against on a regular basis include: Asset Acceptance, LLC; CACH, LLC; Cavalry SPV I, LLC; DH Capital Management, Inc.; First Resolution Investment, Corp.; GLA Collection Co.; LVNV Funding, LLC; Midland Credit Management, Inc.; Midland Funding, LLC; NCO Financial Systems, Inc.; Portfolio Recovery Associates, LLC; Resurgent Capital Services, LP; Somerhill Capital; and Unifund CCR Partners. We fight against debt collectors for clients all across the state from Paducah to Ashland and from Covington to London, and cities in between like Lexington and Bowling Green.
What Laws Apply to Debt Collectors?
Unfortunately, Kentucky is the wild west for debt collectors. Debt collectors are not required to register to collect debts in the state. Kentucky’s consumer protection laws don’t apply to junk debt collectors. Kentucky has no other laws that designed to control debt-collector abuse. The federal Fair Debt Collection Practices Act (“FDCPA”) is the only substantive law that applies to junk debt collectors. Fortunately, the FDCPA is a powerful law enacted by Congress expressly to compensate for inadequate state law.
The FDCPA is a Powerful Weapon in the Fight against Debt Collectors
The FDCPA gives you the power to stop harassing phone calls and dunning letters. You can sue debt collectors for violating the FDCPA. If you win or settle with the debt collector, the debt collector has to pay your attorney’s fees and costs, your actual damages, and statutory damages of up to $1,000.00. The right to recover attorney’s fees and costs allows me to represent you at no cost in most FDCPA cases because the debt collector has to pay me not you.
What Protections does the FDCPA Provide?
- The FDCPA makes it illegal for debt collectors to collect or attempt to collect money, interest, costs, or fees that they have no legal right to collect.
- The FDCPA makes it illegal for debt collectors to make threats that they do not intend to take or legally cannot take. This means:
- A debt collector cannot threaten to garnish your wages or bank account without first getting a judgment against you.
- A debt collector cannot threaten to send you to jail.
- A debt collector cannot sue or threaten to sue you on a time-barred debt.
- A debt collector cannot place a lien against your property it unless without first getting a final judgment against you.
The FDCPA puts an end to certain debt-collector harassment and gives you the right to be left alone.
Under the FDCPA, a debt collector cannot
- Telephone you an unreasonable number of times.
- Telephone you at an unusual time/ unusual place.
- Disclose information of your debts to third parties, including your spouse and other relatives.
- Use profane or other abusive language.
- Claim to be affiliated with any governmental organization.
- Accuse you having committed a crime.
- Threaten or communicate false credit information.
- Call you before 8:00 a.m. or after 9:00 p.m.
- Call you, but not announce who he/she is.
Your Right to Dispute Debts and Stop the Harrassment
Under the FDCPA, you have the right to dispute any debt and to make a written request that a debt collector cease to contact or to limit a collector’s communication to a certain method, e.g. to only contact you in writing.
Call or Email for a Free Consultation
If you are the victim of a debt collector abuse or harassment, Call (502) 473-6525 or email us for a free consultation. If I do not respond immediately, I will contact you within 24 hours.