Debt Harassment
The Collection Harassment division of Morgan & Morgan is dedicated to handling the civil litigation of cases involving consumer harassment.
We have established a practice area designed to help people that are being harassed by debt and bill collectors. If you have experienced, or think you have experienced, a violation of the Florida Consumer Collection Practices Act (FCCPA) or the Fair Debt Collection Practices Act (FDCPA), contact us today.
The FCCPA and FDCPA are consumer protection laws that prohibit any person or debt collector from engaging in conduct that is abusive or badgering when attempting to collect a consumer debt. Below, you will find links to the FCCPA and the FDCPA, which list the specific conduct that is against the law and the policies debt collectors must follow when collecting debts.
Every collection representative and some lawyers are required to conform to Section 12 of the FDCPA. This section specifically standardizes the style of letters and lingo that the collector agent is allowed to use. Section 807 states the boundaries that collectors must stay within and gives examples of 16 different schemes that are against the law. Bill collectors can be fined as much as $1,000 per infringement, and if your reputation is tarnished in the process, the FDCPA gives you the opportunity to receive compensation for punitive damages too. If you have received a misleading debt collection letter and plan to take legal action, Morgan & Morgan can provide you with an experienced and specialized attorney.
The FDCPA mandates debt collectors to verify that they are contacting the correct person and that the sum they are inquiring about is also the right amount. Collection agents are allowed to search for debtors, and through process of elimination, they will sometimes reach the wrong person as a result of erroneous records on file. Making the mistake of calling the wrong person is perfectly legal, but if they continue to pursue this person after being told they have the wrong one, it is considered a serious breach. It is as severe a crime as when the debtor has already disputed the debt, and the collection agency refuses to stop calling and making threats.
Once you file a dispute, the FDCPA orders debt collectors to terminate all contact with you until they abide by Section 809 and validate the existence of the debt. Remember that until the debt collector receives your written dispute in the mail, they still have the right to proceed with collection tactics. Also, if you do not file a dispute within 30 days of when the harassment occurs, the collector has the right to completely disregard the dispute.
If you hope to provide evidence that the debt collection agency violated the code of the FDCPA, you’ll need to produce authentic documents; hold on to any written communication such as envelopes and mail certifications. Be sure to record phone conversations as well, but definitely inform the collector that the call is being taped. Once you’ve gathered extensive evidence like this, you can contact the state attorney general with your official complaint.
According to the FDCPA, debt collectors must not ever continue demanding payment upon receipt of your request to stop calling.
If you have a delinquent account that is no more than three to four years old, a debt collection agency is usually able to confirm the debts rapidly. On the other hand, if the account has been lingering for quite awhile, the validation method becomes increasingly difficult; the odds that the original creditor lost or deleted records when the business was sold or shut down improve. Information on a delinquent account can also be lost if the debt has been sold and resold on the junk debt circuit.
If a collection agency is unable to authenticate a debt, they might choose to sell it to a junk debt buyer. If this happens, don’t be alarmed if you are suddenly contacted by a new debt collector because the FDCPA does not ask them to alert you if your account is sold. If this happens, you will most likely have to file a dispute once more.
Study the FDCPA, and learn your rights as they pertain to debt collection harassment. This will enable you to withstand and react to shady and relentless bill collectors. Regardless if money is owed or not, the bottom line in determining that a violation has occurred is whether an individual has been nagged or berated in any manner concerning consumer debt.
The Collection Harassment attorneys at Morgan & Morgan have become experts in the litigation of cases involving Collection Harassment and have the knowledge, experience, and passion to hold Collection Harassment offenders accountable for the harm they cause consumers and their families. We are dedicated to proving that Collection Harassment operators cannot afford to take advantage of the consumer.
Addional links to help inform you on consumer harassment: