Florida has a powerful consumer protection law that prohibits any type of debt collection harassment. There is no exact definition of “harassment” however unless the person collecting the debt is “being nice” then it’s probably a violation of the Florida Consumer Collection Practices Act (FCCPA) and Fair Debt Collection Practices Act (FDCPA).
The FCCPA applies to not only just “debt collectors” but also to several types of other companies that you potentially deal with on a regular basis such as:
Credit card companies
Electronics companies (Cell, Cable, Satellite)
Auto finance
Mortgage lenders
Cash advance/Payday loans
Doctor’s offices & hospitals
Apartment complexes
Debt collection lawyers
Other companies attempting tp collect a consumer debt.
It is illegal for any company that is attempting to collect a consumer debt to do things like:
Call before 8 am or After 9pm
Calling you at work
Using profanity
Disclosing information about a debt to a third party (friends/family/acquaintances)
Pretending to be an attorney or affiliated with a law office;
Threatening Wage Garnishment, Repossession or a Lawsuit when there is either no intent to actually take such action or no legal right to take such action because the debt is so old;
Refusing to honor repeated requests that collection phone calls stop;
Trying to collect a debt which has been previously waived, settled, or discharged in bankruptcy;
Trying to collect a debt which is not your debt or trying to collect more than you owe;
Contacting you directly if you have any attorney; and
Other types of conduct that is reasonably expected to abuse or harass a consumer.
A successful consumer in an FCCPA/FDCPA case may be entitled to a statutory compensation. In addition you may recover any actual damages which have been incurred, including emotional distress, and possibly punitive damages depending on the severity of the debt collection harassment. Additionally, in most instances if you have a case we can prosecute a lawsuit on your behalf without any out of pocket expense to you because the FCCPA requires that the bill collector pay your reasonable attorney’s fees and cost if you win.
