Las Vegas FDCPA Legal Services

The Fair Debt Collection Practices Act (FDCPA) regulates how debt collectors must conduct themselves when attempting to collect debts. The FDCPA offers important legal rights to debtors that include protection from certain debt collection practices including harassment or abuse, false or misleading representations, unfair practices, validation of debts, multiple debts, legal actions, and furnishing deceptive forms. At Cogburn Law Offices, we know that you want a reputable firm to make sure these rights are respected by debt collectors. If necessary, we can help you bring a civil suit to affirm these protections and seek damages when appropriate.

Beyond our reputation for legal expertise and integrity, we're also on top of new legal developments as it applies to our clients. The FDCPA may very well see substantive changes as it comes under the purview of the new Consumer Financial Protection Bureau. As such, we'll be ready to aggressively pursue any new or modified protections, including changes to enforcement policies, as this new agency puts them into effect.

Eligible Clients and Debts for Las Vegas FDCPA Protection
The FDCPA applies to personal, family, and household debts but not debts you incurred to run a business. This includes, but is not limited to:

• Credit card debt
• Auto loans
• Home loans
• Medical bills
• Utility bills
• Unpaid rent

Of particular interest to people in Las Vegas, the FDCPA is also applicable to gambling debts—so long as the debts are legal and collectible. Thus, in most circumstances, gambling debts exist as credit card debt. Needless to say, Las Vegas casinos don't allow typical guests to play on "house" credit, and the FDCPA does NOT apply to illegal gambling debts.

Our Experience with the FDCPA in Las Vegas
In our experience, many collection agencies knowingly violate FDCPA laws as a calculated risk. These collectors are hoping that you aren't aware of your legal rights and that you will give in under the relentless pressure and pay them. At Cogburn Law Offices we know that if you were able to pay your debt, you already would have. Your debt does not make you any less of a person and you should not have to suffer from the constant harassment. Moreover, you have rights under the law and can actually recover damages, which means the debt collector may have to pay you. In addition, the law forces the debt collectors to pay your legal fees if they violate the law, so it does not cost you anything to retain Cogburn Law Offices.

The FDCPA and Nevada State Laws
In Las Vegas, the FDCPA trumps state laws whenever there is a conflict, but it does not invalidate state laws that create additional rules for debt collection practices. For example, in Nevada, when a short sale is completed for a distressed property, the home lender can pursue the remaining balance for up to six years. This six-year time period is determined and enforced by state law, but the home lender must also abide by the FDCPA debt collection practices relevant to this loan.

The FDCPA also says that the Federal Trade Commission reserves the power to allow the debt collection practices of individual states to supplant FDCPA regulations so long as these practices are "substantially similar to those imposed by [the FDCPA], and that there is adequate provision for enforcement." In other words, the state may ask for a waiver from certain FDCPA provisions, if the state can show that their rules still provide adequate protection for debtors. These types of exemptions are rare, however.

If you are in need of aggressive, courteous, and professional representation, call us at 702-384-3616 or contact Cogburn Law Offices today.

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