What can bill collectors *not* get away with?

Collection of debts in Florida is regulated by both federal law (the Fair Debt Collection Practices Act) in addition to state law (the Florida Consumer Collection Practices Act, or the “FCCPA”).  In some ways, the state law contains more restrictions than the federal law.  For instance, the law is not restricted to just collection agencies, but pertains to anyone collecting a consumer debt.

Florida law provides that, in collecting consumer debts, bill collectors are prohibited from doing any of the following:

1. Simulate in any manner a law enforcement officer or a representative of any governmental agency;
2. Use or threaten force or violence;
3. Tell a debtor who disputes a consumer debt that he or she or any person employing him or her will disclose to another information affecting the debtor’s reputation for credit worthiness without also informing the debtor that the existence of the dispute will also be disclosed;
4. Communicate or threaten to communicate with a debtor’s employer before obtaining final judgment against the debtor, unless the debtor gives permission in writing to do so or acknowledges in writing the existence of the debt after the debt has been placed for collection (this part only applies only to claims arising out of a transaction wherein credit has been offered or extended);
5. Disclose to a person other than the debtor or the debtor’s family information affecting the debtor’s reputation for credit worthiness with knowledge or reason to know that the other person does not have a legitimate business need for the information or that the information is false;
6. Disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing the existence of the dispute;
7. Willfully communicate with the debtor or any member of the debtor’s family with such frequency as can reasonably be expected to be harassing, or willfully engage in other conduct that can reasonably be expected to be abusive or harassing;
8. Use profane, obscene, vulgar, or willfully abusive language in communicating with the debtor or the debtor’s family;
9. Claim, attempt, or threaten to enforce a debt when such person knows the debt is not legitimate, or assert some other legal right when such person knows that the right does not exist;
10. Use a communication that simulates in any manner legal or judicial process or that gives the appearance of being authorized, issued, or approved by a government, government agency, or attorney, when it is not;
11. Communicate with a debtor under the guise of an attorney by using the stationery of an attorney or forms or instruments that only attorneys are authorized to prepare;
12. Orally communicate with a debtor in such a manner as to give the false impression or appearance that such person is or is not associated with an attorney;
13. Advertise or threaten to advertise for sale any debt as a means to enforce payment except under court order or when acting as an assignee for the benefit of a creditor;
14. Publish or post, or threaten or cause to be published or posted, individual names or any list of names of debtors, commonly known as a deadbeat list, for the purpose of enforcing or attempting to enforce collection of consumer debts;
15. Refuse to provide adequate identification when requested to do so;
16. Mail any communication to a debtor in an envelope or postcard with words typed, written, or printed on the outside of the envelope or postcard calculated to embarrass the debtor;
17. Communicate with the debtor between the hours of 9 p.m. and 8 a.m., in the debtor’s time zone, without their prior consent;
18. Communicate with a debtor if the person knows the debtor is represented by an attorney with respect to the debt and has knowledge of, or can readily ascertain, the attorney’s name and address, unless the debtor’s attorney fails to respond within a reasonable period of time or consents to direct communication with the debtor, or unless the debtor initiates the communication; or
19. Cause charges to be made to the debtor for communications by concealment of the true purpose of the communication.

Fla. Stat. § 559.72.

If you have experienced any of these actions against you by bill collectors and live in the State of Florida, that collector may have violated Florida collection practices law, and you may want to consider consulting with an attorney.

If the debt collector truly did violate the FCCPA, you may have a right to sue under Florida law. Fla. Stat. § 559.77(1).  The lawsuit must be filed within two years after the date on which the alleged violation occurred.

To prepare your evidence, keep copies of every letter sent, and maintain detailed notes of every telephone call.  Include in your notes the dates and times of the calls, the name of the person who spoke to you, and what he or she said.

If you would like to schedule a free consultation about your matter involving wrongful debt collection, call our office at 407-965-5519.