Being harassed by debt collectors?

Thu, Feb 2, 2012

Bankruptcy, Debt Mitigation

The Florida Consumer Collection Practices Act or FCCPA can help.

The Florida Consumer Collection Practices Act or FCCPAThis act is only for the state of Florida and was meant to create good debt collecting behavior and protect Florida’s citizens from debt harrassment. It defines who is a debtor, who is a creditor, who is a debt collector, and more. It provides rules for debt collectors about how and where they need to register their business to collect debts in the state of Florida (and provides certain exceptions). It also discusses what rights and protections debtors have and how problems with debt collector behavior should be addressed and remedied.

Most significantly, it protects you and your family from certain actions by debt collectors or creditors like:

  • Continuing to contact you over and over again about your debt in an unreasonable manner
  • Calling or trying to communicate between 9pm and 8am in the debtors time zone
  • Refusing to identify themselves fully
  • Continuing to contact you once they know you are represented by an attorney (with certain exclusions)
  • Using profanity or abusive language
  • Threatening violence
  • Impersonating a law enforcement officer, impersonating other government officials, or impersonating an attorney
  • Telling your employer or other interested parties (with the exception of family) about your debt before the proper time
  • Disclosing your debt without prior notice or without following proper procedures
  • Publishing or threatening to publish your name on a “deadbeat” list
  • Sending you information through the mail in envelopes marked with wording that might embarrass you.
  • Knowingly trying to collect on an illegitimate debt

If you are experiencing this type of harassment, then you may be able to recover damages and attorneys fees. A qualified Florida bankruptcy attorney will be able to help you conquer your debt and help you deal with this type of harassment.

The Florida Consumer Collection Practices Act works in conjunction with the Federal Fair Debt Collection Practices Act or FDCPA. We will be discussing that on the blog soon.

Image credit: thenestor

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  1. The Fair Debt Collection Practices Act or FDCPA | SmithLaw Attorneys Blog - 13. Feb, 2012

    […] The Fair Debt Collection Practices Act or FDCPA was created to help protect consumers from unfair debt collecting practices. It is a federal law and applies in every state, often in conjunction with state laws. Florida’s state law is called the Florida Consumer Collection Practices Act or FCCPA. SmithLaw’s blog post detailing that can be found here. […]

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