Florida Consumer Collection Practices Act (FCCPA) - Orlando Florida Attorney
Orlando Consumer Rights Lawyer - providing affordable legal services concerning Debt Collection and Consumer Rights legal services, for residents of Orlando, Kissimmee, and throughout Central Florida.
Call us at 1.888.877.5103 to Schedule a Confidential and FREE Legal Consultation with Consumer Rights Attorney, N. James Turner
In 1993, the Florida Legislature enacted the Florida Consumer Collection Practices Act ("FCCPA") which law targets unfair debt collection tactics, including those inflicted upon residential mortgage customers. The statute proscribes a broad range of deceptive, harassing, and abusive practices. It also provides a right to bring litigation against wrongdoers and to recover actual damages, costs, and attorney fees. If you feel that you have been a victim of these deceptive collection tactics, you may have a case.
Some of the most common violations of the FCCPA are:
- Harassment - frequent phone calls or voicemails to alleged debtors, their family and friends, repeated calls with no messages, hang-ups, lies, misleading comments, speaking in a belittling manner, embarrassing, argumentative and rude conduct are examples of harassing conduct.
- Collecting money not owed - if an alleged debtor doesn’t owe the money it is a violation of the law for a collector to try and force the alleged debtor to pay the money.
- Threats - creating a “false sense of urgency” or suggesting arrest, criminal prosecution, jail.
- Calls at work - calls to the workplace, especially after a collector is told not to call, such as speaking to or leaving messages with a receptionist, calling the cell phone while alleged debtor is at work or calling alleged debtors direct line, is a violation.
- Contacting 3rd parties - collectors may not contact any party about a debt without the express permission of the alleged debtor, including the spouse or any other family member, neighbors, friends, or co-workers.
- Written Notice - collectors must send a written notice stating the amount of the debt, the creditor to whom the debt is owed, and a statement that the debtor has 30 days to in writing dispute the debt. Upon receiving written notice that a consumer disputes a debt, the collector within 30days must obtain written verification and validation of the amount of the debt, the creditor to whom the debt is owed and must mail said verification to the consumer.
- Proof of debts - debt collectors are required by federal law to send “verification and validation” of a debt when the alleged debtor in writing disputes the debt within 30 days of a debt collector’s first contact.
- Refusing to cease contact - all communications, including telephone calls, voicemails and letters, must immediately stop once a debt collector receives a “cease and desist” letter. There is no specific required language, only a directive that all communications must stop. All cease and desist letters should be sent with return receipt requested.
- Contact after attorney representation - once a collector is told a individual is represented by all conversations, messages, letters or any other communication must immediately stop.
Contact Consumer Rights Lawyer, N. James Turner at The Debt Relief Law Center by Calling Toll Free 1.888.877.5103 to Schedule a Confidential and FREE Legal Consultation.