FDCPA Violations Part 2

As previously discussed, debt collectors often engage in collection practices which are strictly prohibited under Federal Law. This blog is one in a series of blogs which will list out specific actions on the part of debt collectors which are in violation of the FDCPA and other federal statutes regulating debt collection practices. The following are some examples of limitations placed on debt collection practices:

Harassment
Debt collectors cannot use language, communication, or conduct that harasses any person.
This includes:
• Using threats of violence or harm of person, property, or reputation.
• Profane language
• Repeated use of telephone with purpose to annoy.
• Calling without identifying themselves.

Stopping Communication with Debt Collector
• 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.

FDCPA makes violators responsible for up to $1000 per violation in statutory damages as well as attorneys’ fees. If you feel like you have been a victim of any of the aforementioned violations please contact me at 317.721.9214 or Ali@SLlawfirm.com.

(Debt collector can be a third party collecting on behalf of the original creditor or the owner of a loan who purchased a loan already in default from the creditor or another debt collector)

Indiana State Fair Tragedy

On August 13, 2011, the concert stage at the Indiana State Fairgrounds collapsed due to a wind gust, killing five people and injuring over forty others. The event was a terrible tragedy, but one of the worst elements of the situation is the fact that those responsible for the injuries and deaths will not have to reimburse victims even a fraction of what they should.

Current Indiana law caps, or limits, the amount of damages the state must pay to victims at $700,000 per individual and $5,000,000 per event. Although thorough investigations could reveal that fair authorities should have evacuated concert attendees sooner, or the structural design was flawed, or required maintenance was not completed, the limits are still in place.

According to an article (see below) published in the Indiana Business Journal, “[Indiana State Fair spokesman Andy Klotz] acknowledged to WISH-TV Channel 8 on Wednesday that the fair didn’t follow its own severe weather procedures … and Indianapolis meteorologist Paul Poteet told WXIN Fox 59 that fair officials disregarded his warning to delay or cancel the show.”

Regardless of gross negligence, damages awarded to all victims and their families will be capped at $5,000,000. There were five deaths and almost fifty injured, several with severe brain damage. $5,000,000 will not even come close to rightfully compensating the victims and their families. $5,000,000 divided by the 55 dead and injured victims comes to less than $100,000 per victim. That will hardly cover emergency medical expenses, and certainly not ongoing medical expenses, lost wages, pain and suffering, and loss of income for the deceased.

We do not agree with the damage caps, nor with the way fair authorities handled the severe weather situation. Our thoughts and prayers are with the victims and their famillies. If you or a loved one was injured in the Indiana State Fair tragedy, contact a personal injury law firm such as Saeed & Little to ensure that you are compensated as much as possible for your losses.

source: http://www.ibj.com/damage-cap-limits-states-potential-losses-from-stage-tragedy/PARAMS/article/28979

FDCPA Violations Part 1

As previously discussed, debt collectors often engage in collection practices which are strictly prohibited under Federal Law. This blog is one in a series of blogs which will list out specific actions on the part of debt collectors which are in violation of the FDCPA and other federal statutes regulating debt collection practices. The following are some examples of limitations placed on debt collection practices:

Limitations on How a Debt Collector Can Contact You 
(Debt collector can be a third party collecting on behalf of the original creditor or the owner of a loan who purchased a loan already in default from the creditor or another debt collector)

• 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.

False Statements and Threats
(Debt collector can be a third party collecting on behalf of the original creditor or the owner of a loan who purchased a loan already in default from the creditor or another debt collector)

Debt collection agencies cannot use false statements or threats when attempting to collect a debt. This includes:
• 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.
• Misrepresenting the amount or legal status of the debt.

FDCPA makes violators responsible for up to $1000 per violation in statutory damages as well as attorneys’ fees. If you believe you have been a victim of any of the aforementioned violations please contact me at 317.721.9214 or Ali@SLlawfirm.com.

Firm Fundraiser

On Thursday, August 18, Saeed & Little LLP will be hosting a fundraiser in support of a local non-profit charity called Seeds of Learning. Seeds of Learning’s mission is to provide education to the many millions of unprivileged children in Pakistan.

Recently, we helped raise funds to build and operate one school in rural Pakistan. Now we are helping contribute to the construction of a girls’ only secondary school. The employees of Saeed & Little really believe in this project and value the importance of improving education in underdeveloped countries.

Come join us on August 18 at 5:30 p.m. at our office to help give to a good cause and have a great time!

To learn more about Seeds of Learning visit their website at: http://www.solhope.org/index.html.