Florida FDCPA Lawyer for Debt Collector Harassment
The Fair Debt Collection Practices Act (FDCPA) protects consumers from certain abusive, unfair, and deceptive debt collection practices.
If a debt collector is repeatedly calling you, threatening you, lying about a debt, contacting other people about what you owe, or using other abusive collection tactics, you may have rights under federal law.
Through Sue Dis, a division of Fischetti Law Group, we help Florida consumers dealing with debt collector harassment and unlawful collection practices. Our team can review what happened and help determine whether you may have a claim.
Debt Collection Has Limits.
Save the calls, voicemails, text messages, letters, emails, and collection notices. They may be important evidence in an FDCPA claim.
Harassing You?
Debt collectors cannot harass, oppress, or abuse consumers when collecting covered debts.
Lying About the Debt?
The FDCPA prohibits certain false, deceptive, and misleading collection practices.
Contacting Other People?
Federal law generally limits what collectors can disclose about your debt to other people.
Debt Collectors Have Rules They Must Follow
The Fair Debt Collection Practices Act is a federal consumer protection law governing the collection of certain debts incurred primarily for personal, family, or household purposes. It generally applies to third-party debt collectors such as collection agencies, debt buyers, and attorneys who regularly collect qualifying consumer debts.
Debt collectors generally cannot use harassment, abuse, deception, false statements, or unfair collection practices to pressure you into paying a debt.
Harass or Abuse You
Repeated calls intended to annoy, abuse, or harass and certain threatening or abusive conduct are prohibited.
Lie or Mislead You
Collectors cannot use certain false, deceptive, or misleading statements to collect a debt.
Publicly Expose Your Debt
Debt collectors generally cannot disclose your debt to family, friends, coworkers, or your employer.
Ignore Certain Communication Rights
Federal law places limits on when, where, and in some circumstances how a collector may contact you.
You may also have rights involving when and where a collector contacts you, communications with other people, debt validation, disputes, and requests to stop certain communications.
Not every unpleasant collection call violates the FDCPA, and the law does not erase a debt that you legitimately owe. A Florida FDCPA lawyer at Fischetti Law Group can review the collector’s conduct and help determine whether your rights may have been violated.
Being Harassed by a Debt Collector in Florida?
You do not have to accept abusive, deceptive, or unfair collection tactics simply because a collector claims that you owe a debt.
Federal debt collection law gives consumers important protections when covered debt collectors attempt to collect qualifying personal, family, or household debts.
Fischetti Law Group represents consumers throughout Florida and can review collection calls, letters, texts, emails, voicemails, and other communications for potential FDCPA violations.
You May Be Entitled to Compensation for FDCPA Violations
If a covered debt collector violates the Fair Debt Collection Practices Act, federal law may provide financial remedies. The amount and type of recovery depend on the circumstances.
*Every situation is different. Available damages, fees, costs, and other remedies depend on the facts, applicable law, and outcome of the case. The $1,000 statutory amount is not a per-call or per-message amount.
Submit Your Case for ReviewWhat to Do If a Debt Collector Is Harassing You
Don’t automatically delete or throw away collection communications. Keeping good records can help document what happened and allow an attorney to evaluate the collector’s conduct.
Save Everything
Keep collection letters, emails, texts, voicemails, call logs, and screenshots.
Document the Collector
Record the company name, phone numbers, dates, times, frequency of contact, and what was said.
Keep Your Debt Records
Save validation notices, account statements, disputes, cease-contact letters, and proof of anything you sent.
Submit Your Case
Send us what happened and let Fischetti Law Group review whether the collector may have violated your rights.
Do I Have an FDCPA Claim Against a Debt Collector?
Debt collector harassment can take many forms. Not every collection attempt violates the FDCPA, but if one of these situations sounds familiar, preserve the communications and let our team review what happened.
Harassing or Repeated Collection Calls
The FDCPA prohibits repeated or continuous calls made with the intent to annoy, abuse, or harass. Federal debt collection rules also establish presumptions related to call frequency for a particular debt. Save your call history and voicemails so the frequency and pattern can be reviewed.
Threats or Abusive Language
Debt collectors may not use certain threats, obscene or profane language, threats of violence, or other conduct intended to harass, oppress, or abuse consumers.
False or Misleading Statements
Debt collectors cannot use certain false, deceptive, or misleading statements. Examples can include misrepresenting the amount or legal status of a debt, falsely claiming to be an attorney, or making unlawful threats.
Contacting Family, Friends, Employers or Other People
Debt collectors are generally restricted from discussing your debt with other people. In limited circumstances, they may contact someone to obtain location information, but strict limits apply to what they may disclose.
Debt Collector Calls at Work
If a debt collector knows or has reason to know that your employer prohibits you from receiving personal debt collection communications at work, federal law generally restricts the collector from contacting you there.
Calls at Inconvenient Times
Debt collectors generally may not contact consumers at unusual or inconvenient times or places. Unless circumstances indicate otherwise, calls before 8:00 a.m. or after 9:00 p.m. local time are generally restricted.
Ignoring a Written Request to Stop Contact
Consumers can notify a covered debt collector in writing that they want communications to stop. After receiving the request, the collector generally must stop contacting the consumer, subject to limited exceptions permitted by law. Asking a collector to stop contacting you does not, by itself, erase a debt or prevent other lawful collection activity.
Debt Validation & Disputed Debts
Covered debt collectors generally must provide validation information about the debt. Consumers have important dispute rights, including a 30-day period associated with written disputes after receiving validation information. If you believe the debt isn’t yours, was already paid, or the amount is wrong, keep the validation notice and copies of any written dispute or request for verification you send.
Frequently Asked Questions About Debt Collector Harassment
Here are answers to common questions Florida consumers have about debt collectors, collection harassment, and rights under the Fair Debt Collection Practices Act.
What is the Fair Debt Collection Practices Act?
The FDCPA is a federal consumer protection law that restricts abusive, unfair, and deceptive practices by covered debt collectors attempting to collect certain consumer debts.
What counts as debt collector harassment?
Harassment can include repeated calls intended to annoy or abuse, obscene or profane language, threats of violence or harm, and certain other abusive collection conduct. The circumstances matter.
Can a debt collector call me at work?
A collector generally cannot contact you at work if it knows or has reason to know that your employer prohibits you from receiving those personal communications there.
Can a debt collector contact my family or employer?
Collectors may have limited ability to contact other people to obtain location information, but they generally cannot tell family, friends, coworkers, or employers that you owe a debt.
What if I don’t recognize the debt?
Debt collectors generally must provide validation information about the debt. If you believe the debt isn’t yours or the amount is incorrect, you may have rights to dispute it and request verification.
Can I sue a debt collector for harassment in Florida?
If a covered debt collector violates the FDCPA, you may have a right to bring a claim. Depending on the circumstances, available remedies can include actual damages, additional statutory damages, and attorney’s fees and costs in a successful action.
Still Being Harassed by a Debt Collector?
Save the calls, texts, letters, emails, and voicemails. They could be evidence.
Submit what you’re receiving to Fischetti Law Group. Our team can review the collection activity and help determine whether you may have an FDCPA claim.