- Fair Debt Collection Practices Act
- Telephone Consumer Protection Act
- Florida Consumer Collection Practices Act
The FDCPA provides consumers with several protections such as the ability to sue a debt collector who violates the FDCPA in order to recover for actual and punitive damages as a result of violating the law. Additionally, the law provides that the consumer’s attorney’s fees will be paid by the debt collector. Under the FDCPA, the following actions are punishable, either over the phone or through the mail:
- harass, oppress, or abuse you or any third parties they contact;
- continue collection efforts after you write them to stop;
- telephone calls made from an auto-dialer;
- continue collecting after you write to tell them you are represented by an attorney;
- use any false or misleading statements when attempting to collect on a debt;
- represent that they operate or work for a credit bureau;
- misrepresent or inflate the amount of your debt;
- use profane language when attempting to collect;
- indicate that papers sent to you are legal forms when they are not;
- threaten to garnish your wages (in Pennsylvania, Texas, or Florida);
- threaten to take an action they cannot take legally or do not intend to take;
- fail to disclose that they are a debt collector;
- give false credit information about you to anyone, including a credit bureau;
- collect any amount greater than your debt, unless permitted by law;
- attempt to sue you on a time-barred debt;
- call you after 9:00 p.m. or before 8:00 a.m., without your consent;
- engage in any other false, deceptive, or abusive conduct;
- miscalculate interest, penalties, or other charges.
There is no such thing as having two cases that are alike. Privacy violations vary and the legal road can often be filled with twists and turns. That is why so many people, not only from Florida but from all across the United States, rely upon the legal acumen of the Ramsaran Law Group when dealing with abusive debt collectors and unscrupulous telemarketers. If you believe your rights have been violated by a debt collector who has engaged in any of the behaviors listed above, please send us your debt collection letters and any other documentation (such photographs taken off your cell phone during the incoming debt collector call, any phone bills reflecting these calls, call logs you may have written down including details about the conversation you had with the collector, saved voicemail messages, etc.) all which relate to your alleged debt in order for us to investigate these actions on your behalf.
- debt collector and/or telemarketing calls made to your cellular telephone, which were initiated by the use of an auto dialer;
- debt collector and/or telemarketing calls made to your cellular telephone, which were initiated by an artificial voice or a prerecorded message;
- sending unwanted fax messages, which solicit or promote a business (i.e. junk faxes); or sending unwanted business advertisements via text messages to your cellular telephone.
* Take note that a consumer is unlikely to know whether a call to his or her cellular telephone was initiated using an auto dialer since they often sound like any other phone call. A call initiated using an auto dialer may, in fact, have a live person on the other end.
The Florida Consumer Collection Practices Act (FCCPA), like the FDCPA, protects consumers from certain debt collection actions. However, unlike the FDCPA, the FCCPA is also applicable to certain creditors. Remember: being in debt does not give a debt collector the right to violate the law or your personal dignity. In accordance with the FCCPA, each unlawful act by a debt collector or harrassing creditor are punishable upto $1,000. Under the FCCPA, the following actions are punishable:
- the use of profanity or vulgar language;
- threats of force or violence;
- pretending to be a law enforcement officer or an employee of any government agency;
- informing the consumer’s employer of his debt;
- continual communication with the debtor so as to constitute harassment; or attempting to enforce a debt when the creditor or debt collector knows that the debt is not legitimate.