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Case Number: 7:23-cv-00699
Judge: L. Scott Coogler
Court: United States District Court for the Northern District of Alabama (Jefferson County)
Defendant's Attorney: No appearance
Description: Birmingham, Alabama consumer credit lawyers represented Defendant on a Fair Debt Collection Act theory.
"The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive, deceptive, and unfair debt collection practices. It was passed in 1977 to ensure that debt collectors do not use unfair tactics to collect debts, such as harassment, threats, or misrepresentation.
The FDCPA applies to third-party debt collectors, which are companies that collect debts on behalf of other businesses or individuals. It does not apply to original creditors, such as banks or credit card companies, who collect their own debts.
The FDCPA prohibits debt collectors from engaging in a variety of practices, including:
Harassing or threatening consumers, such as calling them at odd hours or using obscene language.
Lying to consumers, such as claiming that they are going to be arrested or that their wages will be garnished if they do not pay the debt.
Misrepresenting the debt, such as claiming that it is more than it actually is or that it is owed to a different creditor.
Contacting consumers who have not defaulted on the debt.
Contacting consumers at work if their employer prohibits it.
Contacting consumers' family members or friends about the debt.
If a debt collector violates the FDCPA, you may be able to sue them for damages. You may also be able to get the debt collector to stop contacting you and to pay for your attorney's fees.
Here are some tips for dealing with debt collectors:
Be polite but firm. Do not argue with the debt collector or make any promises to pay.
Ask the debt collector to send you a written letter with information about the debt, including the amount owed, the original creditor, and the date the debt became due.
If you do not owe the debt, tell the debt collector so and ask them to stop contacting you.
If you are willing to pay the debt, negotiate with the debt collector to get a lower interest rate or payment terms.
If you cannot afford to pay the debt, ask the debt collector for a payment plan.
If you are being harassed or threatened by a debt collector, you can file a complaint with the Consumer Financial Protection Bureau (CFPB).
The FDCPA is a valuable tool for protecting consumers from abusive debt collection practices. If you are being harassed or threatened by a debt collector, you should know your rights and take action to protect yourself."
Outcome: 08/10/2023 10 NOTICE by Kenyaques Marshall of Settlement (Philipps, David) (Entered: 08/10/2023)
08/10/2023 11 ORDER - The Court acknowledges receipt of the Plaintiff's Notice of Settlement (Doc. 10 ). Accordingly, this action is DISMISSED WITH PREJUDICE "with leave to reinstate by September 25, 2023." Costs are taxed as paid. Signed by Judge L Scott Coogler on 8/10/2023. (MEB2) (Entered: 08/10/2023)