Are you dealing with creditors and or debt collectors? If you are facing harassment, you have options available to make it stop. There are federal and state laws in Florida that protect your rights. At The Dellutri Law Group, PA, we have the knowledge and experience you can trust. A Florida debt defense attorney can provide guidance to stop creditor harassment once and for all.
What is Creditor Harassment?
You should never be subject to harassment by a creditor or third-party debt collector. They have the right to take action to collect on a valid debt. However, they cannot legally harass you when doing so. Broadly explained, creditor harassment occurs when a creditor or debt collector uses abusive, deceptive, or unfair tactics to collect a consumer debt. The conduct becomes unlawful when it crosses specific statutory lines. Here are some of the most common examples:
- Repeated or Excessive Phone Calls: Debt collectors may not place repeated calls with the intent to annoy, abuse, or harass. High call volume within a short period can qualify, even if the caller does not use threatening language or commit any other violations.
- Calls at Prohibited Times: Debt collectors may not contact a consumer before 8 a.m. or after 9 p.m. local time without consent. Calls outside those hours violate federal law. A creditor/debt collector must make a good-faith effort to follow your time.
- False Threats of Arrest or Criminal Prosecution: Debt collection is a civil matter, not a criminal one. A debt collector may not threaten jail, arrest, or criminal charges for unpaid consumer debt. Such statements misrepresent the legal consequences of nonpayment.
- Improper Contact of Third Parties: Collectors generally may not discuss your debt with family members, coworkers, or neighbors. Only limited location inquiries are allowed. That is it. They cannot lawfully disclose information about the alleged debt.
- False or Misleading Statements: Finally, neither a creditor nor a debt collector may falsely claim to be a lawyer, government agent, or court officer. They also may not misstate the amount owed or the legal status of the debt. They cannot lawfully mislead you.
Know Your Legal Rights: Fair Debt Collection Practices Act (FDCPA)
The Fair Debt Collection Practices Act (FDCPA) is the primary federal statute governing debt collection. It FDCPA applies to third-party debt collectors, including collection agencies, debt buyers, and attorneys who regularly collect consumer debts. While it does not typically apply to original creditors, there are some federal laws that do apply. Under the FDCPA, debt collectors must identify themselves, provide written validation of the debt, and cease contact under certain circumstances. The statute prohibits harassment, false representations, and unfair practices. Importantly, the FDCPA creates a private right of action. A consumer may sue a violating collector in state or federal court and seek statutory damages, actual damages, attorney’s fees, and other costs. A Note On Florida State Law: Florida does have its own state-level debt collection statute. The Florida Consumer Collection Practices Act expands consumer protections beyond federal law. Unlike the FDCPA, the FCCPA applies not only to third-party debt collectors but also to original creditors collecting their own debts. The FCCPA also allows consumers to pursue civil remedies, including statutory damages and attorneys’ fees. In many cases, a consumer may assert claims under both federal and Florida law based on the same conduct.
Legal Steps You Can Take to Stop Creditor Harassment
Were you the victim of creditor harassment in Florida? Is the issue still ongoing? You can take action right now to make that harassment stop once and for all. You should not live with continued harassment. Here are legal steps that you can take to put a stop to harassment by debt collectors:
- Document Every Interaction: Evidence is key. You should start by keeping detailed records of all collection activity. Note the date, time, phone number, caller name, and substance of each communication. Save voicemails, letters, emails, and text messages. Documentation transforms harassment from a complaint into evidence.
- Send a Written Cease and Desist Notice: Federal law allows a consumer to demand that a debt collector stop contacting them. The request must be in writing. Once received, the collector may only contact the consumer to confirm cessation or to provide notice of specific legal action. Continued contact after receipt creates a clear statutory violation. You can tell them to stop calling you. They have to listen, or they are in violation of the law.
- Request a Debt Validation (If Just Contacted): Within thirty days of initial contact, a consumer may demand validation of the debt. Doing so forces the collector to substantiate ownership, amount, and legal basis for collection. Notably, debt collection activity must pause until validation occurs. Many collectors lack sufficient documentation. By sending a formal debt validation, you may put a stop to continued collection efforts.
- Get a Lawyer on Your Side: You are not alone. Once an attorney represents you, collectors must direct communications to counsel. From that point, any direct contact with a represented consumer generally violates the law. Legal representation often stops harassment immediately.
- Consider a Lawsuit (or a Counterclaim): When debt collector harassment continues or if it has already violated the law, litigation becomes a powerful tool. A lawsuit shifts leverage. The collector faces statutory damages, attorney’s fees, and potential liability under both federal and Florida law.
Creditor Harassment is a Serious Problem: Our Firm Can Stop it
Creditor harassment is not acceptable. It is a serious problem, and our firm is more than ready to step up and put a stop to it. Once and for all. At The Dellutri Law Group, PA, we are strong, experienced consumer protection advocates who have the experience needed to handle all types of debt defense cases, including issues involving creditor harassment. Your initial consultation with our Florida debt defense lawyer is free, confidential, and without any additional obligations.
We Fight to Stop Creditor Harassment in Florida
At The Dellutri Law Group, PA, our Florida debt defense lawyer has the skills, knowledge, and experience that you can trust. If you have any questions about how to stop creditor harassment once and for all, we are here to help. Please do not hesitate to contact us today for a completely confidential, no obligation case review. Our firm provides debt defense services to consumers from our offices in Florida, including in Tampa, Naples, Fort Myers, Port Charlotte, and Orlando.