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Date: 07-17-2023
Case Style:
Case Number: 1:23-cv-00996
Judge: Matthew P. Brookman
Court: United States District Court for the Southern District of Indiana (Marikon County)
Plaintiff's Attorney: John Steinkamp
Defendant's Attorney: Pro Se
Description: Indianapolis, Indiana consumer credit lawyer represented Plaintiff who sued Defendants on a Fair Debt Collection Act violation theory.
The Fair Debt Collection Practices Act (FDCPA) is a federal law that sets forth the rules that debt collectors must follow when collecting debts from consumers. The FDCPA was passed in 1977 and has been amended several times since then.
The FDCPA applies to debt collectors who are attempting to collect debts on behalf of another person or entity. It does not apply to creditors who are collecting their own debts.
The FDCPA prohibits debt collectors from engaging in a number of practices, including:
Calling you at inconvenient times. Debt collectors cannot call you before 8:00 a.m. or after 9:00 p.m. local time, unless you have given them permission to call at other times.
Threatening you with violence or arrest. Debt collectors cannot threaten you with violence or arrest.
Calling your employer. Debt collectors cannot call your employer without your permission.
Disclosing your debt to family, friends, or neighbors. Debt collectors cannot disclose your debt to anyone other than your spouse, cosigner, or legal guardian.
Using obscene or abusive language. Debt collectors cannot use obscene or abusive language when contacting you.
Harassing you. Debt collectors cannot harass you by repeatedly contacting you or by contacting you in a way that is designed to annoy or alarm you.
If a debt collector violates the FDCPA, you may be able to sue the debt collector for damages. The amount of damages that you can recover will depend on the specific violation.
Here are some things you can do if you believe that a debt collector has violated the FDCPA:
Write a letter to the debt collector. In your letter, you should identify yourself and the debt that the debt collector is trying to collect. You should also state the specific FDCPA violation that you believe the debt collector has committed.
File a complaint with the Consumer Financial Protection Bureau (CFPB). The CFPB is the federal agency that enforces the FDCPA. You can file a complaint online or by mail.
Hire an attorney. If you believe that you have suffered damages as a result of the FDCPA violation, you may want to hire an attorney to represent you.
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Outcome: 07/17/2023 8 ORDER OF DISMISSAL WITH PREJUDICE - SEE ORDER. Signed by District Judge Matthew P Brookman on 7/17/2023.(JRB) (Entered: 07/17/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: