Debt Collectors Are Prohibited From Contacting Debtors Who Are Represented By An Attorney

FDCPA Prohibits Contacting Represented Debtors

The federal Fair Debt Collection Practices Act or FDCPA prohibits a debt collector, which includes collection agencies, debt buyers, and collection lawyers, from contacting a debtor who they know or should know is represented by a lawyer. This knowledge may come from the debtor telling the collector he has a lawyer, or may come from prior efforts to collect the debt. In any event, a debt collector who contacts a represented debtor is subject to claims under the FDCPA, including statutory damages of up to $1,000, and any actual damages. 

Equable Ascent Financial, LLC Loses Credit Card Collection Lawsuit and Ordered to Pay Consumer’s Attorney’s Fees.

A Maricopa County justice court recently ruled in favor of an Arizona consumer in credit card collection lawsuit brought by debt buyer Equable Ascent Financial, LLC. The Court has also ordered the debt buyer Equable to pay the consumer’s attorney fees.

The court held that Equable’s witness and exhibits were insufficient to prove that it owned the consumer’s credit card account it was attempting to collect, and entered judgment in the debtor’s favor.

Here is a short list of Debt Buyers who file suit against Arizona consumers:

Acarta, LLC
Action Financial
Arrow Financial Services (Delaware)
Asset Acceptance LLC (Delaware)
Bauhinia, LLC
CACV of Colorado
Cavalry Portfolio Services
Collins Financial
Copper State Financial Management, LLC
Debt Buyers Inc.
DSS Financial Group, LLC (Arizona)
Elche, LLC
Equable Ascent Financial, LLC
Fortis Capital LLC( Florida)
Incepta LLC
LVNV Funding, LLC
Main Street Acquisition Corp. (Maryland)
Masari Investments
Midland Funding, LLC
Midland Credit Management
Nu Island Partners, LLC
Palisades Recovery
Persolve, LLC (Delaware)
Precision Recovery Analytics, Inc.
Portfolio Recovery
Rail Limited Partnership
Skystreak LLC
Unifund CCR Partners
Velocity Investments
Western States Financial Management LLC
Worldwide Asset Management

If you are an Arizona consumer who has recently been served with a lawsuit by a debt buyer, please call Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822 for a free phone consultation to see if you may have a defense to the lawsuit.