Louisiana law restricts who creditors can contact when collecting debts and how often they can contact a debtor who has requested no further communication. In addition, in Louisiana all debt collectors and collection agencies must register with the secretary of state.
Residents of Louisiana are also protected by the federal Fair Debt Collection Practices Act (FDCPA) which prohibits debt collectors from engaging in deceptive and abusive collection practices. The FDCPA protections are much broader than those provided by Louisiana law.
Below you can learn more about the debt collection laws specific to Louisiana.
(If you are struggling to pay your debts, visit Nolo's Debt Management Center.)
The FDCPA prohibits debt collectors from engaging in deceptive, unfair, and abusive conduct, including, but not limited to:
The FDCPA applies to third party debt collectors only, not to original creditors. If a debt collector violates the FDCPA, the consumer can sue the debt collector under the act and, if successful, recover actual damages along with other types of damages.
(For details on the FDCPA, visit our Illegal Debt Collection Practices Under the FDCPA topic area.)
Under Louisiana law, debt collectors and collection agencies must register with the Louisiana Secretary of State.
Louisiana limits the collection practices of creditors who are attempting to collect debts.
The law covers creditors and debt collectors. However, for the most part, the FDCPA rules are the same or stricter than the Louisiana laws. Because debt collectors must comply with the more stringent rules of the FDCPA, the Louisiana law is mostly useful when used against creditors collecting their own debts.
The Louisiana law does not cover lawyers licensed in Louisiana.
Louisiana places limits on who a creditor may contact, and how often.
The creditor or debt collector cannot contact any person about the debt that is not living or present in the debtor’s household. This means, for example, that the creditor cannot contact the debtor’s employer or neighbor.
However, the creditor or debt collector may contact:
If the debtor sends written notice by registered or certified mail requesting that the creditor cease all communication, the creditor must stop communications. However, there are a few exceptions to this rule. The creditor may:
Keep in mind that if you ask a debt collector to stop contacting you, the FDCPA’s restrictions on further communications are much stricter than the Louisiana rules.
You cannot bring a lawsuit based on a violation of this statute. However, you can bring a lawsuit for damages if you can prove another cause of action such as negligence, intentional infliction of harm, or defamation.
Another Louisiana law, the College Campus Credit Card Solicitation Act, places limits on credit card issuers who have credit card contracts with college students. That law prohibits credit card issuers from attempting to collect a college student’s credit card debts from the student’s parents, unless the parents agreed in writing to be liable for the debt.
The Louisiana Commissioner of Financial Institutions may bring a lawsuit against a credit card issuer who violations this act. The credit card issuer may be liable for a fine of up to $1,000 as well as costs and attorneys’ fees incurred by the commissioner.
Getting More Information
The laws governing creditor collections are found in the Louisiana Consumer Credit Code at La. Rev. Stat. Ann. § 9:3562. The licensing requirement is found in La. Rev. Stat. Ann. § 9:3534.1. The College Campus Credit Card Solicitation Act is found at La. Rev. Stat. Ann. § 9:3577.1 and following. To learn how to find state statutes, visit Nolo’s Legal Research Center.