FAQ

What Is the Fair Debt Collection Practices Act (FDCPA)?

The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the actions of third-party debt collectors who are attempting to collect debts on behalf of another person or entity.

The law restricts the ways that collectors can contact debtors as well as the time of day and number of times that contact can be made. If the FDCPA is violated, the debtor can sue the debt collection company as well as the individual debt collector for damages, statutory penalties up to $1,000.00 per violation, and attorney fees.

What acts are prohibited by the FDCPA?

Contacting Third Parties

Collector fails to identify themselves, or fails to state that they are confirming or correcting location information.
Collector tells any 3rd party that a debt is owed.
Collector contacts a person more than once (unless they have permission to do so).
Collector used a “postcard”.
Collector used language or symbols printed on an envelope, indicative of collection of debt.
Collector contacted after knowing debtor is already represented by counsel.

Prohibited Communication

Contacting at any unusual time, unusual place, or both, which is inconvenient to consumer, any time before 8 A.M. or after 9 P.M. at night.
Contacting when the collector knows consumer is represented by an attorney, unless attorney consents or is unresponsive.
Contacting at place of employment when collectors knows such contact is not allowed.
Contacting anyone, except consumer, consumers attorney or credit reporting agency regarding the debt/account.
Contacting you after a written notification that consumer refuses to pay debt, or that consumer wants the debt collector to stop communications.

Harassment or Abuse

Any conduct that would “harass, oppress, or abuse any person in connection with the collection of a debt.”
Used or threatened to use violence or other criminal means to harm . . . any person.” (Implied threat. A debt collector may violate this section by an implied threat of violence. For example, a debt collector may not pressure a consumer with statements such as “We’re not playing around here–we can play tough” or “We’re going to send somebody to collect for us one way or the other.”)
Used obscene, profane, or abusive language. (Abusive language includes religious slurs, profanity, obscenity, calling the consumer a liar or a deadbeat, and the use of racial or sexual epithets.
Publication of a list of consumers, including you, who allegedly refuse to pay debts, except to report the items to a “consumer reporting agency,”
The advertisement for sale of any debt to coerce payment of the debt. (For example, "shaming" is prohibited. These provisions are designed to prohibit debt collectors from “shaming” a customer into payment, by publicizing the debt.
Contacting the consumer by telephone “repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.”
Placed telephone calls without disclosing his/her identity

False/Misleading Communications

Any other false, deceptive, or misleading representation or means in connection with the debt collection
Claimed to be affiliated with the United States or any state, including the use of any badge, uniform or facsimile.
Misrepresented the character, amount, or legal status of the alleged debt
Misrepresented that individual is an attorney or that any communication is from an attorney
Threat that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment
Threaten to take any action that cannot legally be taken or that is not intended to be taken. For example, a collector cannot threaten to sue a consumer when collector has no actual intention to do so or debt collector is not a law firm and threatens to sue when they have no legal ability to do so.
Threatened that sale or transfer of any interest in the debt will cause the consumer to lose any claim or defense to payment of the debt
Represented that consumer committed any crime or other conduct in order to disgrace the consumer
Threatens or communicates false credit information, including the failure to communicate that a debt is disputed
Represent documents as authorized, issued or approved by any court, official, or agency of the United States or state
Any false representation or deceptive means to collect a debt or obtain information about a consumer.
.Communication fails to contain the mini-miranda warning “this is an attempt to collect a debt, any information obtained will be used for that purpose”
Represent that documents are legal process papers when they are not.
Represent themselves with any name other than the true name of the debt collector's business
Falsely represent that documents are not legal process forms or do not require action by the consumer
Falsely represent that debt collector operates or is employed by a consumer reporting agency.

Unfair Practices

Any unfair or unconscionable means to collect or attempt to collect the alleged debt
Attempt to collect any amount not authorized by the agreement creating the debt or permitted by law
Accepted or solicited a postdated check by more than 5 days without 3 business days written notice of intent to deposit
Accepted or solicited postdated check for purpose of threatening criminal prosecution
Depositing or threatening to deposit a post-dated check prior to actual date on the check
Caused any charges to be made to the consumer, e.g., collect telephone calls
Taken or threatened to unlawfully repossess or disable the consumer's property
Communicated with the consumer by postcard
Any language or symbol on the envelope that indicates the communication concerns debt collection

Multiple Debts

Collector failed to apply payments on multiple debts in order specified by consumer and or applied payments to disputed debts

30 Day Validation Letter

Failure to send the consumer a 30-day validation notice within five days of the initial communication
The validation letter did not state the amount of Debt
The validation letter did not state Name of Creditor to whom debt is owed
The validation letter did not state Right to Dispute within 30 Days
The validation letter did not state Right to have verification/judgment mailed to consumer
The validation letter did not state "Will provide name and address of original creditor if different from current creditor"
Collector did not cease collection efforts until debt is validated.

Legal Actions

The collector brought any legal action in a location other than where contract signed or where consumer resides (CANNOT SUE IN WRONG COUNTY).

Deceptive Forms by Creditor

The collector had forms that were designed, compiled and/or furnished to create the false belief that a person other than creditor is collecting.

Are there state statutes that prohibit acts by creditors and collectors?

Yes. Florida has a statute knows as the Florida Consumer Collection Practices Act. (FCCPA). It is a very general statute that prohibits collectors and creditors from claiming, attempting, or threatening to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist. Like the FDCPA, this statute provides for statutory penalties up to $1,000 per violation and payment of your attorney's fees when you prevail.

Creditor Abuse
A law firm

Creditor Abuse
A law firm

FAQ

Creditor Abuse A law firm

Creditor Abuse A law firm

FAQ

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Creditor Abuse
A law firm

Creditor Abuse
A law firm