Debt collectors and creditors often use abusive and harassing collection practices to collect their debts. Federal and Local Indiana laws put the power in your hand to take the fight back to these opportunistic and abusive businesses. The following are some powerful statutes that are often utilized to protect consumers like you:
Telephone Consumer Protection Act (TCPA):
Debt Collectors and/or Creditors may call cell-phone numbers in an attempt to collect debts. If such calls are made without the consent of the debtor each call is a violation resulting in statutory damages between $500 to $1500 per call. Even if a consumer has previously consented to calls on his/her cell phone, such consent can be revoked.
Fair Debt Collection Practices Act (FDCPA):
FDCPA protects consumers against harassment and other illegal collections practices Violation may result in $1000 in statutory damages +Actual damages + Attorneys’ Fees.
The following is a non-exclusive list of violations under the FDCPA.
- A debt collector cannot tell family, friends, neighbors, or co-workers about your debt or that they are trying to collect a debt from you.
- A debt collector cannot contact you before 8 a.m. or after 9 p.m.
- A debt collector cannot contact you in places that are inconvenient for you, such as your place of work if you are not permitted to receive personal calls during work hours.
- Claiming they are an attorney, government representative, or that they work for a credit bureau.
- Claiming you have committed a crime or stating you will be arrested if you do not pay.
- Misrepresent the amount or legal status of the debt.
- Debt collectors cannot use language, communication, or conduct that harasses any person.
- A debt collector must stop contacting you if it receives a written request that it stop communication or a written statement of refusal to pay. The debt collector may contact you one final time without demanding payment to state it intends to take specific actions against you.
- If you are represented by an attorney, the debt collector must communicate only with your attorney.
Indiana Deceptive Consumer Sales Act:
Indiana Deceptive Consumer Sales Act is a powerful statute that protects debtors from unfair, abusive, and deceptive conduct from creditors. The broad reach of this statute is critical in protecting debtors from abusive practices by original creditors who are not subject to the Fair Debt Collection Practices Act.
Fair Credit Reporting Act:
If the creditor or debtor is falsely reporting on your account to a credit reporting agency they may be violating the Fair Credit Reporting Act. Credit reporting agencies must have procedures in place to help you dispute inaccurate information and must also take steps to verify the accuracy of the information that is disputed by you. The Fair Credit Reporting Act can be used to hold Creditors, Debt Collectors, and Credit Reporting Agencies Liable for falsely reporting information on your credit report.
We have significant experience in prosecuting these cases and a proven track record
SAEED AND LITTLE, LLP is currently litigating or previously litigated class actions and individual lawsuits against some of the largest banks and debt collectors in the world including but not limited to:
- Bank of America
- Chase Bank, N.A.
- Citi Bank
- Comenity Bank
- Caliber Home Loans
- Express Stores, Inc.
- Nordstrom, Inc.
- Miramed Revenue Group
- GLA Collection Company
- Collecto, Inc.
- Bayview Loan Servicing
- Credit One Financial
- SLM Corporation
- Receivable Performance Management
- Accounts Recovery Bureau
- Linebarger, Goggan, Blair & Sampson
- Midland Funding LLC or Midland Credit Management
- Med1 Solutions
- Portfolio Recovery Services
- Las Vegas Athletic Club
- ADT, LLC
- Discover Bank
- Barclay Bank
- American Credit Acceptance
- American Express
- Rash Curtis and Associates
- Capital One Bank
- Centra Credit Union
- Northstar Location Services, LLC
- Nationstar Mortgage
- Ocwen Loan Servicing
- Carrington Mortgage Services
- Selene Finance, LLP
- Select Portfolio Servicing