CONSUMER LAW
Debt Collection Harassment Attorney
FCCPA & FDCPA — Florida and Federal Debt Collection Law
If a debt collector is calling you repeatedly, threatening you, contacting your employer, or using abusive language, they may be violating federal and Florida law. Both the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA) give you the right to sue — and to collect statutory damages and attorney fees without paying anything out of pocket.
Fair Debt Collection Practices Act (FDCPA) — 15 U.S.C. § 1692
The FDCPA is a federal law that applies to third-party debt collectors — companies hired to collect debts on behalf of creditors. It prohibits: calling before 8 a.m. or after 9 p.m.; calling your workplace if told not to; using obscene or abusive language; making false statements about the debt or the consequences of non-payment; threatening legal action the collector cannot or does not intend to take; contacting you after you send a written cease-communication request; and failing to provide a validation notice within five days of first contact. A single violation of the FDCPA entitles you to statutory damages of up to $1,000 per lawsuit, actual damages, and attorney fees.
Florida Consumer Collection Practices Act (FCCPA) — Fla. Stat. § 559.55
The FCCPA is broader than the FDCPA in two important ways: it applies to original creditors (not just third-party collectors), and it covers collection of any obligation — not just consumer debts. The FCCPA prohibits: communicating with a debtor with such frequency as to harass; disclosing the debt to the debtor's employer without a court order; using profane or obscene language; threatening violence; claiming to be an attorney when not; and misrepresenting the amount, character, or legal status of a debt. Statutory damages under the FCCPA are up to $1,000 per violation, plus actual damages and attorney fees. Because the FCCPA and FDCPA can both apply to the same conduct, a consumer may be entitled to damages under both statutes.
How to Stop Collection Calls
Under the FDCPA, you can stop a debt collector from contacting you by sending a written cease-communication letter. Once the collector receives it, they may only contact you to confirm they will stop or to notify you of a specific action (such as filing a lawsuit). Continuing to contact you after receiving a cease letter is itself a violation. Under the FCCPA, you can also demand that a creditor communicate only through your attorney.
Disputing a Debt
Within 30 days of a debt collector's first contact, you have the right to dispute the debt in writing. The collector must then stop collection activity until it provides verification of the debt. Failure to honor a timely dispute is a violation of the FDCPA. You should also check whether the debt is time-barred — Florida's statute of limitations on most consumer debts is five years, and attempting to collect a time-barred debt through litigation can itself be a violation.
Remedies
Under the FDCPA, you may recover up to $1,000 in statutory damages per lawsuit (regardless of actual harm), actual damages, and attorney fees. Under the FCCPA, you may recover up to $1,000 per violation, actual damages, and attorney fees. Because attorney fees are recoverable under both statutes, you typically pay nothing to bring a claim — the collector pays your lawyer if you prevail.
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