Florida Consumer Collection Practices Act – Brief Overview
Anyone who is experiencing financial difficulties in Florida should understand the Florida Consumer Collection Practices Act, or FCCPA.
This is a state law that protects you from unfair debt collection practices. The FCCPA specifically states the abusive debt collection practices that are illegal. The law also provides legal remedies for those who have experienced illegal creditor harassment.
The FCCPA is an additional law for Floridians on top of the protections afforded under the federal Fair Debt Collection Practices Act (FDCPA). The major addition under the FCCPA in Florida is that it protects you from harassment from both the original creditor and third-party debt collectors.
What Debt Collection Tactics Are Illegal?
In Florida under the FCCPA, it is illegal for your creditors to do the following:
- Call or mail you directly after they know you have retained an attorney
- Call you early in the morning or late at night
- Contact you on the job after you have told them not to do so
- Contact neighbors and co-workers about debts you supposedly owe
- Engage in the use of profane or abusive language when contacting you
- Pretending that they are attorneys
- Filing a legal action against you in a distant location to make it difficult to defend
- Threaten you with legal action, or threaten you with jail time for not paying a debt
If a creditor engages in these activities, it is illegal, and you should talk to an attorney about it.
Bankruptcy – Stop Creditor Harassment In Its Tracks
Filing bankruptcy is a serious financial decision, but it does have substantial benefits if you decide with your attorney to go forward. After you have submitted the legal paperwork to the local bankruptcy court, an automatic stay is issued. This is essentially a restraining order against all creditors. It prevents them from any further contact to seize property, recovery money, or put liens on your property. Your creditors must obey the requirements of both the FDCPA and the FCCPA.
Bankruptcy can provide you with tremendous relief, as you will no longer be harassed by creditors.
Florida Bankruptcy Attorney
Our Tampa, Florida law firm sues creditors for harassing our clients against the law. Under the FCCPA, if the creditor treats you improperly, you may be entitled to compensatory damages from the creditor. These damages can include:
- Actual damages
- Statutory damages not more than $1000
- Potential punitive damages
- Attorney’s fees and court costs
Call (813) 990-7944
If you are in financial distress and are being harassed by creditors, please contact our Tampa legal practice. We can provide you with more information about potential bankruptcy options.