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Date: 07-17-2023
Case Style:
Case Number: 2:23-cv-00017
Judge: David L. Bunning
Court: United States District Court for the Eastern District of Kentucky (Kenton County)
Plaintiff's Attorney: Robert Yusko
Defendant's Attorney: Brian D. Roth, Danielle Jarvis Lewis
Description: Covington, Kentucky consumer credit lawyer represented Plaintiff who sued Defendants on Fair Debt Collection Act violation theories.
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive debt collection practices. The FDCPA applies to third-party debt collectors, which are companies that collect debts on behalf of other businesses or individuals. The FDCPA does not apply to original creditors, such as banks or credit card companies.
The FDCPA prohibits debt collectors from engaging in a variety of unfair, deceptive, or abusive debt collection practices. These practices include:
Calling you at unreasonable hours. Debt collectors cannot call you before 8:00 a.m. or after 9:00 p.m. in your time zone.
Threatening you with violence or arrest. Debt collectors cannot threaten you with violence or arrest.
Calling you at work if you have told them not to. Debt collectors cannot call you at work if you have told them not to.
Disclosing your debt to your employer or other third parties. Debt collectors cannot disclose your debt to your employer or other third parties without your permission.
Using false or misleading information. Debt collectors cannot use false or misleading information to collect a debt.
Harassing you. Debt collectors cannot harass you.
If a debt collector violates the FDCPA, you may be able to sue them for damages. The FDCPA also allows you to recover attorney's fees if you win your lawsuit.
If you believe that a debt collector has violated the FDCPA, you should first try to resolve the issue with the debt collector directly. You can do this by writing a letter to the debt collector and explaining why you believe they have violated the FDCPA. If the debt collector does not resolve the issue, you may want to consider filing a complaint with the Consumer Financial Protection Bureau (CFPB). The CFPB is a federal agency that enforces the FDCPA.
You can also file a lawsuit against the debt collector in federal or state court. However, it is important to note that the statute of limitations for FDCPA violations is generally three years. This means that you must file your lawsuit within three years of the date of the violation.
If you are facing debt collection problems, it is important to know your rights under the FDCPA. The FDCPA can help protect you from abusive debt collection practices and give you recourse if your rights are violated.
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Outcome: 07/14/2023 18 STIPULATION of Dismissal by Tina Hernandez. (Yusko, Robert) (Entered: 07/14/2023)
07/14/2023 19 NOTICE of Voluntary Dismissal by Tina Hernandez (Yusko, Robert) (Entered: 07/14/2023)
07/14/2023 ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: 18 Stipulation of Dismissal, 19 Notice of Voluntary Dismissal (ECO) (Entered: 07/14/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: