Florida Fair Debt Collection Practices Act – Info Sheet FDCPA
The Florida Fair Debt Collection Practices Act (linked here) (FDCPA) is an important Florida law that protects consumers.
In an attempt to keep consumer debt collectors in line, the law explicitly defines what abusive debt collection practices are. It also provides legal recourse for those who have been illegally harassed by creditors.
Under the FDCPA, as well as the Florida Consumer Collection Practices Act (FCCPA), it is illegal to:
- Contact you after the debt collector knows you have retained an attorney
- Contact you after 9 pm at night or before 8 am in the morning
- Contact you at your place of employment after you told them not to
- Call you neighbors about the debts that you owe
- Use any type of abusive or profane language when they mail or call you
- Threaten a lawsuit or threaten jail time for not paying a debt
If you have been victimized by an aggressive debt collector in violation of the FDCPA or FCCPA, you may want to speak with a consumer rights and bankruptcy lawyer.
Certain Florida law firms sue creditors for illegal harassment of debtors. Under Florida law, if a creditor harasses you, you could be entitled to statutory damages from the creditor.
Consumer rights attorneys are typically paid on a contingency basis. This means that you do not pay anything out of pocket, and the attorney only gets paid if you win.
In most cases, all fees and attorney costs are paid from the recovery proceeds.
If we prove that your creditors have been harassing you, you may be entitled to the following:
- Actual damages
- Statutory damages not more than $1000
- Potential punitive damages
- Attorney’s fees and court costs
- Stopping Creditor Harassment With Bankruptcy
If you decide to file for bankruptcy, the court will issue what is called an automatic stay. This is essentially a restraining order against creditors. It forbids them from contacting you to collect debts. They also may not seize your property or place a lien on your home.
Note that there are some exceptions to an automatic stay in bankruptcy. A stay will not stop criminal or tax proceedings, lawsuits for child support or eviction.
Considering Bankruptcy (813) 990-7944
If you are in a difficult financial situation and are being harassed by your creditors, please contact our Tampa legal practice. We can provide you with more information about your bankruptcy options.
By working with us, we can bring a quick halt to creditor harassment. Our law firm offers a no obligation consultation. Call now.