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.
- 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.
- Improper Contact of Third Parties: Collectors generally may not discuss your debt with family members, coworkers, or neighbors. Only limited location inquiries are allowed.
- False or Misleading Statements: 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.
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 applies to third-party debt collectors, including collection agencies, debt buyers, and attorneys who regularly collect consumer debts. 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. For credit report violations specifically, see our guide to FCRA rights in Florida.
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. This is particularly relevant when dealing with zombie debt — old debts that have been sold to third-party collectors.
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.
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. Here are legal steps that you can take:
- Document Every Interaction: Evidence is key. Keep 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.
- 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.
- Request a Debt Validation: 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. Debt collection activity must pause until validation occurs.
- Get a Lawyer on Your Side: Once an attorney represents you, collectors must direct communications to counsel. Legal representation often stops harassment immediately.
- Consider a Lawsuit: When debt collector harassment continues or if it has already violated the law, litigation becomes a powerful tool. A lawsuit shifts leverage.
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. 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 illegal credit report re-aging. Your initial consultation with our Florida debt defense lawyer is free, confidential, and without any additional obligations.
Contact the Dellutri Law Group today for a free consultation.
