Kentucky tenant protections, how does this work with FDCPA?

Landlord Tenant Forum
1

So, in the case of Miles v. Shauntee (1984), Kentucky courts said renters aren’t protected under the Consumer Protection Act. But I had a situation where an attorney tried to collect unpaid rent under FDCPA rules, which are federal. How can they do this when Kentucky’s law doesn’t count tenants as consumers? Anyone else experienced this with rent collection?

2

Hmm, interesting! FDCPA is federal, so it might still apply if a third party is collecting. Did they file in court?

3

Vance said:
Hmm, interesting! FDCPA is federal, so it might still apply if a third party is collecting. Did they file in court?

Yeah, they actually did file a lawsuit, and they’re claiming to be both a third-party collector and the legal rep. Not sure that’s allowed.

4

Vance said:
Hmm, interesting! FDCPA is federal, so it might still apply if a third party is collecting. Did they file in court?

If they’re acting as both, that’s kinda iffy. FDCPA has rules they should follow if they’re a collector, though.

5

Did they send you any notice before the lawsuit? FDCPA usually requires a first notice before they can file.

6

ThurgoodMarshall1 said:
Did they send you any notice before the lawsuit? FDCPA usually requires a first notice before they can file.

Nope, they just filed the lawsuit. I asked for the first notice in discovery, but they haven’t sent anything.

7

ThurgoodMarshall1 said:
Did they send you any notice before the lawsuit? FDCPA usually requires a first notice before they can file.

That sounds off. FDCPA rules say they need to notify you and give you a chance to dispute first.

8

FYI, you can still argue in court if they skipped steps. Judges don’t like it when debt collectors skip FDCPA requirements.

9

Jai said:
FYI, you can still argue in court if they skipped steps. Judges don’t like it when debt collectors skip FDCPA requirements.

Good to know! It’s my first time dealing with this. Trying to make sure they follow all the rules.

10

Jai said:
FYI, you can still argue in court if they skipped steps. Judges don’t like it when debt collectors skip FDCPA requirements.

Exactly! Even if they’re an attorney, they can’t just skip steps. Keep all your docs, it’ll help.

11

Also, FDCPA is federal, so maybe you could bring it to district court if things get messy?

12

Steele said:
Also, FDCPA is federal, so maybe you could bring it to district court if things get messy?

That’s what I thought. Wasn’t sure if I should keep it local or take it federal, though.

13

Steele said:
Also, FDCPA is federal, so maybe you could bring it to district court if things get messy?

If they violated FDCPA, federal court could work. But check with a local attorney, just to be safe.

14

Sounds like they’re confusing stuff on purpose. Did they mess up the FDCPA code, too?

15

Sawyer said:
Sounds like they’re confusing stuff on purpose. Did they mess up the FDCPA code, too?

Yes, they wrote ‘1792g(a)’ instead of ‘1692g(a)’ in the docs… feels like they’re just being sloppy.

16

Sawyer said:
Sounds like they’re confusing stuff on purpose. Did they mess up the FDCPA code, too?

LOL that’s a big error. Might help your case if they’re not even getting the code right.