Debt Collection Problems

Debt Collection Laws

Florida Fair Debt Collection Practices Act

Nobody should have to endure harassment and humiliation from a debt collector or creditor when having difficulty paying bills.  Difficult economic times are stressful enough.  To protect consumers from undue harassment or abuse, Congress enacted the Fair Debt Collection Practices Act.  Protection from harassment does not have to necessarily end there.  Consumers in certain states can turn to the laws of their own state for added protection.  Florida, for instance, is a state that has enacted legislation to protect consumers that covers debt collection agencies and creditors. Fla. Stat. §§559.55 to 559.785

The law provides a list of prohibited practices at §559.72.  The list of conduct that would be deemed a violation Includes simulating legal process, unlawful threats, misrepresentations, harassment, certain publications, unreasonable employer or third party communication, and communicating with a consumer known to be represented by counsel.

The Florida law provides for the right of consumers to sue an offending party or parties for the greater of actual damages or $1,000, plus costs and attorneys fees.