FDCPA Florida: Know Your Rights & Stop Debt Harassment!

The Fair Debt Collection Practices Act (FDCPA), a federal law, aims to protect consumers nationwide. Florida's legal system provides specific remedies when debt collectors violate the FDCPA, making the fair debt collection practices act florida a vital shield against harassment. Consumer Financial Protection Bureau (CFPB) resources can further aid those experiencing unfair debt collection tactics. Understanding these interactions between federal protections, state implementations, the realities of debt collection and the agencies that can help protects you.

Image taken from the YouTube channel Ziegler Diamond Law: Debt Fighters , from the video titled What Is The “FCCPA” Florida Consumer Collection Practices Act? .

Understanding the FDCPA in Florida: Your Rights Against Debt Harassment

This guide explains your rights under the Fair Debt Collection Practices Act (FDCPA) in Florida, focusing on protecting you from unfair or abusive debt collection practices. The primary aim is to provide actionable information for individuals facing debt collection issues in Florida.

What is the Fair Debt Collection Practices Act (FDCPA)?

The Fair Debt Collection Practices Act (FDCPA) is a federal law designed to protect consumers from abusive, deceptive, and unfair debt collection practices. It sets rules and limitations on how debt collectors can contact you, what information they must provide, and what actions they are prohibited from taking.

Key Provisions of the FDCPA

The FDCPA applies to "debt collectors," which generally includes third-party companies who regularly collect debts on behalf of others. It doesn't typically cover original creditors (like banks or credit card companies), although Florida law may offer additional protections against them.

The FDCPA covers debts such as:

• Credit card debt
• Medical bills
• Student loans
• Auto loans
• Other personal or household debts

Your Rights Under the FDCPA in Florida

Knowing your rights is the first step in stopping debt harassment. The FDCPA grants you numerous protections.

Communication Restrictions

Debt collectors are restricted in how and when they can contact you:

• Time of Day: They cannot call you before 8:00 AM or after 9:00 PM, unless you give them permission.
• Place of Contact: If you notify a debt collector in writing that you do not want them to contact you at work, they must stop.
• Direct Contact: If you inform a debt collector in writing that you refuse to pay the debt or want them to stop contacting you, they must cease all communication except to notify you that they are taking specific action, such as filing a lawsuit.
• Third-Party Contact: Debt collectors generally cannot discuss your debt with anyone else, including your family members, friends, or employers, unless they have your consent or a court order.

Information Requirements

A debt collector must provide you with certain information:

• Initial Communication: Within five days of their initial contact, they must send you a written notice including:
  • The amount of the debt.
  • The name of the creditor to whom the debt is owed.
  • A statement that you have 30 days to dispute the debt, and that if you do so, they will obtain verification of the debt and mail it to you.
  • A statement that if you request, within the 30-day period, the name and address of the original creditor, they will provide it.

Prohibited Practices

The FDCPA prohibits debt collectors from engaging in certain unfair, deceptive, or abusive practices, including:

• Harassment: They cannot harass, oppress, or abuse you. This includes using abusive language, threatening violence, or repeatedly calling you.
• False or Misleading Representations: They cannot make false statements about the debt, such as claiming you owe more than you actually do, or misrepresenting their identity as a government official or attorney.
• Unfair Practices: They cannot collect any amount not expressly authorized by the agreement creating the debt or permitted by law (like excessive fees). They cannot threaten to take illegal actions, such as seizing your property without a court order.
• Threats: Threatening legal action they do not intend to take or cannot legally take is prohibited.
• Publishing a List of Debtors: A debt collector is not allowed to publish a list of consumers who allegedly refuse to pay debts, except to a credit reporting agency.

What to Do If You Believe Your Rights Have Been Violated

If you believe a debt collector has violated the FDCPA, you have several options:

1. Document Everything: Keep detailed records of all communications with the debt collector, including dates, times, phone numbers, names of representatives, and a summary of the conversation. Save copies of any letters or emails you receive.
2. Dispute the Debt in Writing: Within 30 days of receiving the initial notice from the debt collector, send a written dispute stating that you do not owe the debt or that you need verification. This forces the debt collector to stop collection efforts until they provide verification.
3. File a Complaint: You can file a complaint with the following agencies:
   • The Consumer Financial Protection Bureau (CFPB)
   • The Federal Trade Commission (FTC)
   • The Florida Attorney General's Office
4. Consider Legal Action: You may be able to sue a debt collector who violates the FDCPA. You may be entitled to recover damages, including statutory damages (up to \$1,000), actual damages (such as emotional distress), and attorney's fees and court costs.

Florida State Laws Protecting Against Debt Collection

In addition to the FDCPA, Florida also has its own debt collection laws. These laws can provide even greater protection than the federal FDCPA.

Florida Consumer Collection Practices Act (FCCPA)

The Florida Consumer Collection Practices Act (FCCPA) applies to both debt collectors and original creditors (the entity you originally owed the debt to), providing broader protections than the FDCPA.

The FCCPA prohibits debt collectors and creditors from:

• Communicating with your employer: Contacting your employer about your debt without your permission.
• Publishing shameful information: Publicly revealing your debt.
• Using abusive language: Using obscene or profane language when communicating with you.
• Falsely claiming legal authority: Impersonating law enforcement or government officials.
• Threatening arrest: Threatening you with arrest for non-payment of debt.
• Engaging in repeated phone calls: Calling repeatedly with the intent to harass you.

Statute of Limitations on Debt in Florida

The statute of limitations sets a time limit on how long a creditor or debt collector can sue you to collect a debt. In Florida, the statute of limitations for most debts is:

After the statute of limitations expires, the creditor or debt collector can still attempt to collect the debt, but they cannot sue you to obtain a judgment. It is crucial to understand that making a payment on a debt or acknowledging it in writing can restart the statute of limitations.

Video: FDCPA Florida: Know Your Rights & Stop Debt Harassment!

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