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Richard, Attorney
Category: Legal
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Experience:  Attorney with 29 years of experience.
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is there a statute of limitations on an unpaid cell phone bill?

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is there a statute of limitations on an unpaid cell phone bill? It's been 3 & 1/2 yrs. and nothing and now I get a notice from a collection agency for th e unpaid amount plus interest and fees.

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Yes, Louisiana has a statute of limitations governing this. Under La. Civil Code § 3492 et. seq., the statute of limitations on an open account, which is what a cell phone bill is, is 3 years. In this situation, you should send the collection agency a certified, return receipt requested letter explaining that the statute of limitations has run, that you no longer owe this debt and demand they immediately cease and desist all
further efforts to contact you and/or anyone else to collect this debt. Inform
them that any efforts to do otherwise will constitute a violation of the Fair
Debt Collection Practices Act and that you will report each and every violation
to the Federal Trade Commission. Each violation carries at least a $1,000 fine,
so that should be the end of things for you.

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