Debt Collection Harassment

DEBT COLLECTION HARASSMENT

ILLEGAL DEBT COLLECTION TACTICS OR HARASSMENT

Click here for an Example of a “Cease and Desist” Letter

If you are behind on any of your bills it is likely that someone is contacting you trying to collect money. Our Firm is experienced in prosecuting lawsuits against companies who violate your important consumer rights associated with debt collection practices. We have experienced attorneys who will speak to you for free to advise you of your rights. We only represent consumers, never the companies who are trying to collect money from you.

Florida has a very comprehensive and powerful law to address illegal debt collection practices. Keep in mind that bill collectors must comply with very strict rules. A single telephone call, letter, or email can trigger a violation of the Florida Consumer Collections Practices Act (FCCPA). The FCCPA allows you to file a lawsuit to address debt collection conduct that may have occurred up to two (2) years ago. You may recover statutory damages, and are not required to suffer actual damages. You are not required to prove actual damages to recover a monetary penalty. Additionally, if you have a case we can typically prosecute a lawsuit for you without any out of pocket attorney’s fees or costs to you.

A key element to the FCCPA is that it applies to not only just “debt collectors” but also to several types of other companies that you potentially deal with on a regular basis. For example, in addition to what is typically referred to as a “debt collector”, the FCCPA also applies to the consumer debt collection activity of:

  • credit card companies;
  • companies that buy up old debt for pennies on the dollar and then call to collect;
  • cell phone/cable/satellite companies;
  • auto finance companies;
  • mortgage lenders and servicers;
  • cash advance/payday loan companies;
  • doctor’s offices/hospitals;
  • apartment complexes and their management companies;
  • rent to own companies;
  • lawyers trying to collect debts; and
  • most any other type of company that is attempting to collect a consumer debt.

The FCCPA makes it illegal for any company that is attempting to collect a consumer debt to do things like:

  • Calling you after 9 p.m. or before 8 a.m.;
  • Calling you at work;
  • Using profanity;
  • Disclosing information about a debt to a third party such as a friend, neighbor, roommate, boyfriend/girlfriend, co-worker or relative;
  • 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 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. This is because the FCCPA requires that the bill collector pay your reasonable attorney’s fees and cost if you win.

If you call our Firm you will speak with a Florida licensed attorney. Feel free to call us at 352-835-7977.


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