The federal Fair Debt Collection Practices Act (FDCPA) provides important right to consumers in Florida and throughout the United States who are being harassed by debt collectors.  One of those is the right not to be subjected to debt collection practices that are unfair or unconscionable.  That law describes specific conduct by debt collectors that is unfair and illegal:

• Collecting any amounts that you did not expressly authorize in your credit agreement or that are not permitted by law; this includes interest, attorney fees, other fees, collection costs, charges and incidental expenses
• Soliciting (asking for) a post-dated check in violation of the FDCPA
• Depositing or threatening to deposit a post-dated check prior to the date on the check
• Taking or threatening to unlawfully repossess or disable your property
• Communicating with you by postcard
• Sending you a letter in an envelope that indicates it is from a debt collector

Each of these is a violation of the law.  In most cases, they are also violations of the similar Florida law called the Florida Consumer Collection Practices Act (FCCPA).  Let me put my knowledge of the law to work for you.  Protect yourself from such unfair debt collection tactics – call me now, toll-free at 1-888-834-5297, or by clicking here.

NO.  The Fair Debt Collection Practices Act (FDCPA) contains important restrictions on how and when a debt collector can contact you:

• They cannot contact you at any time or place that they know or should know is inconvenient for you.  Unless they are told otherwise, they can assume that your convenient times are only between 8:00 a.m. and 9:00 p.m.  If these or any other times are inconvenient, let them know!
• They generally cannot contact you at all if they know you are represented by a lawyer and they have your lawyer’s contact information.
• They cannot contact you at your place of employment / job location if they know or should know that your employer prohibits you from receiving such communications there.

Click on the titles to the following additional articles for more information on getting the debt collectors to stop calling:

Debt Collectors Won’t Stop Calling – What Should I Do?

Debt Collectors Are Contacting My Family And Friends – Can I Get Them To Stop?

Rule # 1:  Tell them to stop calling you, and put it in writing.  This is often called a “cease and desist” letter.  We recommend that you send them a letter using either delivery confirmation or certified mail, return receipt requested.  That way, you have proof that you sent them your letter telling them to stop calling.

If you tell a debt collector in writing that you want them to stop communicating with you about a debt, or that you refuse to pay the debt, the Fair Debt Collection Practices Act (FDCPA) generally requires them to stop communicating with you regarding that debt.  The only permissible communications after that is to notify you that they are stopping further efforts to collect the debt or to notify you that they will take certain specific actions in response to your letter.  They also cannot communicate with your spouse or parents (if you are a minor), or with your guardian, executor or administrator.

Rule # 2:  If the debt collector fails or refuses to stop, gather the evidence and have it reviewed by an experienced FDCPA lawyer.  Keep a pencil and paper by your phone.  When the debt collector calls, write down the date and time of their call.  Write down their names and the companies they work for.  Write down who they spoke with in your house, and what they said.  If you have caller ID on your phone, write down their phone number and date/time of their call; if you can, take a picture of the caller ID display.  If you receive anything in writing from the debt collector (letters, bills, past due notices, etc.), save them all.

Remember, the FDCPA has a statute of limitations; if you don’t file your FDCPA lawsuit before the statute of limitations expires, you generally lose your right to bring that lawsuit at all.  So, you must act promptly if you think you may have a case against a debt collector.  Please feel free to contact us for a free consultation, and we will be happy to explain your legal rights.

The whole purpose of the Fair Debt Collection Practices Act (FDCPA) is to stop abusive practices in the debt collection industry.  When Congress first passed the FDCPA law, it clearly expressed its findings on why the law was needed:

“There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors.  Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.”

Because existing laws and procedures were not adequate to protect consumers, and because debt collectors can effectively collect debts without being abusive or harassing, Congress passed the FDCPA in 1968.

It is not an excuse under the FDCPA that the consumer actually owed the debt.  In fact, most of the FDCPA simply deals with the way in which debts may or may not be collected.  Its whole purpose is to eliminate abusive debt collection practices by debt collectors.

Sometimes it seems that there is no limit to the type of abuse and harassment used by some debt collectors.  The Fair Debt Collection Practices Act provides specific examples of conduct that is prohibited by covered debt collectors.

First, the debt collector cannot use violence or criminal means to harm you physically or your reputation or your property.  Moreover, they cannot even threaten such violence or criminal action.

Second, a debt collector cannot use obscene or profane language to try to collect your debt.  In fact, a debt collector is prohibited from using any language whose natural consequence is to abuse the person hearing or reading the communication.

Third, a debt collector cannot publish a list of consumers who allegedly refuse to pay debts.  Similarly, a debt collector cannot advertise the sale of any debt in order to coerce you to pay the debt.  However, they can still report this information to a credit reporting agency (for example, Equifax, Experian and TransUnion) and certain other entities.

Fourth, a debt collector cannot call you repeatedly or continuously with the intent to annoy, abuse or harass you or any other person.  A debt collector also cannot make such calls without disclosing their identity.

The FDCPA provides that consumers may recover their actual damages.  In addition, a consumer may also receive $1000, even if they didn’t suffer any actual damages.  What’s more, experienced Florida FDCPA lawyers will generally take such cases on contingency.  This means that you should not have to pay for attorney fees; instead, any such attorney fees are paid by the debt collector who violated the law.

Remember, to win under the Fair Debt Collection Practices Act, you must be able to prove they violated the FDCPA with evidence admissible in Court.  We recommend that you keep a paper and pen near your telephone if you are getting such phone calls or, worse yet, personal visits.  Write down the date and time for each contact, the debt collectors name and company, who they contacted, and what was said.  Of course, if you receive any letters, bills or other correspondence from the debt collector, save all of them.  If you have caller ID on your phone, write down their phone number and date/time of their call; if you can, take a picture of the caller ID display.  If you have a case against a debt collector, you must then act promptly.  If you don’t file your case before the statute of limitations expires, you will have lost your right to sue the debt collector for their abuse and harassment.

If you believe that a debt collector is abusing or harassing you, we would be happy to assist you, generally at no charge to you, if you are located in Seminole County (Altamonte Springs, Casselberry, Geneva, Heathrow, Lake Mary, Longwood, Oviedo, Sanford, Winter Springs, etc.), Orange County (Apopka, Fern Park, Maitland, Orlando, Pine Hills, Winter Park and nearby areas), Volusia County (Daytona Beach, DeBary, Deland, Deltona, Edgewater, New Smyrna, Orange City, Port Orange, South Daytona and others), Lake County (Eustis, Mount Dora, Mount Plymouth, Sorrento and Tavares) and Brevard County (Cocoa, Melbourne, Mims, Palm Bay, Rockledge, Titusville, Viera, etc.).  You can click here to contact us over the internet, or call us on our toll-free number, 1-888-834-5297.

Validation of a debt simply means confirmation or verification of the debt under the Fair Debt Collection Practices Act (FDCPA).  The FDCPA provides specific legal rights to a consumer who requests a validation notice to verify the debt.  That law requires that the debt collector must generally provide you a written notice within five days after they first communicate with you.

As an experienced consumer lawyer, I know what the FDCPA spells out for the content of the notice that debt collectors must provide to you.  First, they must state the amount of the debt.  Second, they must provide you the name of the creditor to whom the debt is owed.  They must also provide you with several statements about your rights:

• You can dispute the validity of all or part of the debt.  Unless you dispute it within 30 days of your receipt of the notice, they will assume the debt is valid.
• If you notify the debt collector in writing within 30 days that you dispute the debt, they will obtain verification of the debt and mail you a copy.
• If you request in writing within 30 days, the debt collector must provide you with the name and address of the original creditor, if different from the current creditor.

If you notify the debt collector in writing within those 30 days that you dispute all or part of the debt, or that you request the name of the original creditor, the debt collector must cease collecting the debt until the debt collector obtains verification of the debt or the name of the original creditor and mails it to you.  Even if you fail to dispute the validity of the debt, it may not be used against you in court as an admission that you owe the debt.

I will be happy to put my experience to work for you in ensuring that your legal rights are protected.