AARP La. urges bill’s support

Letter: Beach deal could be beneficial if locals can use it
May 21, 2013
The Ides of May
May 21, 2013
Letter: Beach deal could be beneficial if locals can use it
May 21, 2013
The Ides of May
May 21, 2013

Dear Editor,

Consumers must be able to defend themselves when a creditor claims they owe a debt.


But right now legislators are considering a bill that would make consumers powerless to defend against debt collection – even when they have already paid the debt or never owed any money in the first place.


Senate Bill 174 by Sen. Danny Martiny would prevent consumers from asserting valid defenses if they don’t have a written agreement with the creditor.

AARP is greatly concerned about abusive debt collection practices that harm consumers, particularly older adults. That’s why we oppose SB 174.


Consider the 67-year old woman who is one of over 7 million per year who is a victim of credit or debit card fraud or identity theft. If she doesn’t have a written agreement in place with the creditor, she will not be able to assert a defense if she is sued.

Or consider the 78-year old widower who settled his credit card debt in good faith. The credit card company sold his account even though he settled it, and now a new collector is trying to collect the debt that he does not owe. If he cannot produce a written agreement to show he settled his account, the new owner of the debt can stop him from defending himself for money he does not owe.

We live in a world where many of our financial accounts are handled over the phone. When we have a problem with our credit card, we pick up the phone.

It’s not fair to prevent a consumer from defending against debt collection just because there is no written agreement showing how a problem was resolved.

Nancy McPherson,

State Director, AARP Louisiana