The Florida Consumer Collection Practices Act (“FCCPA”), like the FDCPA, protects consumers from certain debt collection actions. Specifically, it prohibits debt collectors and telemarketers from making robo-calls to your cellular phone.
Unlike the FDCPA, however, the FCCPA is also applicable to first-party creditors like banks, mortgage companies and hospitals. The FCCPA regulates how a creditor or debt collector treats when they communicate with you in their attempts to collect the debt. In short, they must treat you with honesty, dignity, fairness and respect. If they do not, they are likely violating the law. More specifically, there are numerous telephone calls or actions that likely constitute debt collector or creditor harassment, like:
- Calling and using profanity or vulgar language in collecting the debt
- Leaving a message at your place of employment without your permission or a judgment
- Leaving a message with a family member or friend regarding the debt
- Repeated telephone calls to the debtor so as to constitute harassment
- Calling to collect a debt when the creditor or debt collector knows that the debt is not legitimate
- Attempting to collect interest or fees that are not authorized by statute or contract
- Calling to collect or settle a time barred debt
- Calling your cell phone using an auto-dialer after you have asked them to stop
- Calling to collect a debt discharged in bankruptcy
- Pretending to be a law enforcement officer or an employee of any government agency
- Threats of force or violence
At LeavenLaw, we have helped thousands of clients file lawsuits involving TCPA, FDCPA and FCCPA violations. Whether it is a collection agency or solicitor sending you countless faxes, texts, or robocalls at inconvenient times, the attorneys at LeavenLaw will protect your rights and help you determine the best possible legal options. We have years of experience in class action litigation related to these statutes and understand what legal issues may be involved in your case. Let us help you determine possible options to stop unwanted debt collection and solicitation efforts. Our attorneys work throughout Florida as well as nationwide where they perform as trusted lead counsel and co-counsel to help individuals that are experiencing similar illegal practices.