Date: 07-03-2025

Case Style:

Kasi Sierra v. Collectech Diversified Inc and Equifax Information Services LLC

Case Number: 25-CV-80

Judge: James Wesley Hendrix

Court: United States District Court for the Northern District of Texas (Lubbock County)

Plaintiff's Attorney: Joel Halversen

Defendant's Attorney: No Appearance

Description: Lubbock, Texas consumer credit lawyer represented the Plaintiff who sued on a Fair Debt Collection Act violation theory.

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The Fair Debt Collection Practices Act (FDCPA) is a federal law designed to protect consumers from abusive, unfair, and deceptive practices by debt collectors. It outlines what debt collectors can and cannot do when trying to collect debts. The FDCPA aims to eliminate abusive debt collection practices, promote fair debt collection, and provide consumers with a way to validate debts.

Key provisions of the FDCPA include:

Restrictions on Communication:

Debt collectors are limited in how and when they can contact consumers. This includes restrictions on the time of day they can call (generally not before 8 am or after 9 pm) and the types of language they can use.

Prohibition of False or Misleading Representations:

Debt collectors cannot misrepresent the amount of the debt, the legal status of the debt, or their identity as a debt collector.

Protection Against Harassment and Abuse:

The FDCPA prohibits debt collectors from using harassing, oppressive, or abusive tactics to collect a debt.

Validation of Debt:

Debt collectors must provide consumers with information about the debt, including the amount owed and the name of the original creditor, if requested.

Limitations on Lawsuits:

If a debt is past the statute of limitations, it is illegal for a debt collector to sue the consumer for the debt.
Restrictions on Contacting Third Parties:
Debt collectors generally cannot contact third parties (like employers or family members) about the debt, except in limited circumstances.

In essence, the FDCPA ensures that debt collection is conducted fairly and ethically, protecting consumers from abusive practices while also providing a framework for reputable debt collectors to operate within.

Fair Debt Collection Practices Act | Federal Trade Commission

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any ...

Federal Trade Commission

What laws limit what debt collectors can say or do?
Dec 10, 2024 — What is The Fair Debt Collection Practices Act (FDCPA)? The Fair Debt Collection Practices Act (FDCPA) is the main fed...

Consumer Financial Protection Bureau

Debt Collection FAQs | Consumer Advice

What are your rights? The Fair Debt Collection Practices Act (FDCPA) makes it illegal for debt collectors to use abusive, unfair.

Outcome: Unknown

Plaintiff's Experts:

Defendant's Experts:

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