Harassed by Debt Collectors in Florida? You Don't Have to Take It.
Debt collectors do not have unlimited freedom to pressure, threaten, or harass you. Federal law and Florida law restrict how certain collectors and creditors may communicate with consumers, what they can say, when they can call, and how they may attempt to collect a debt.
The Fair Debt Collection Practices Act (FDCPA) provides protections against abusive, deceptive, and unfair collection practices by covered debt collectors. Florida consumers may also have additional protections under the Florida Consumer Collection Practices Act (FCCPA), which can apply in situations beyond those covered by the federal law.
Florida Consumer Lawyers represents consumers throughout Florida when debt collectors, debt buyers, creditors, and other companies cross the legal line. Depending on the facts, violations may allow a consumer to seek statutory damages, actual damages, attorney's fees, and other relief permitted by law.
From our Tampa office, Florida Consumer Lawyers represents consumers throughout Florida in state and federal courts when collectors and debt buyers cross the line.
Think a debt collector may have violated your rights?
Tell us what happened. Call (813) 282-9330 or request a Free Case Evaluation with a Florida consumer lawyer.
What Counts as Debt Collection Harassment?
Not every annoying call is illegal — but a lot of what happens in the real world clearly is.
Under federal and Florida law, collectors generally cannot:
- Call you before 8 a.m. or after 9 p.m. (your local time) without permission.
- Call you at work if they know your employer doesn't allow it.
- Call you repeatedly to harass or abuse you.
- Use obscene or abusive language.
- Threaten arrest, criminal charges, or violence.
- Misrepresent the amount you owe or who they are.
- Threaten to sue you, garnish wages, or take property if they don't actually intend to or can't legally do it.
- Talk about your debt with your family, friends, neighbors, or co-workers (other than limited contact to find your location).
- Add unauthorized fees, interest, or charges.
- Ignore certain written requests to stop communicating or properly submitted disputes of the debt. (Federal law can restrict further collection communications after certain written requests, and a timely written dispute may require a debt collector to pause collection activity until it provides verification of the debt.)
If any of this sounds familiar, it is worth having an experienced consumer lawyer review what happened and determine whether your rights may have been violated.
Your Rights Under Federal and Florida Law
The FDCPA – Federal Debt Collection Law
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive, deceptive, and unfair debt collection practices by covered debt collectors.
The FDCPA can restrict how a debt collector communicates with you, what the collector may say about the debt, when and where the collector may contact you, and the methods it may use to collect.
If a debt collector violates the FDCPA, an individual consumer may be able to recover:
- Actual damages caused by the violation;
- Additional statutory damages of up to $1,000 in an individual case;
- Court costs; and
- Reasonable attorney's fees in a successful action.
A consumer does not necessarily have to prove substantial financial loss to pursue an FDCPA claim. The specific remedies available depend on the facts and circumstances of the case.
The FCCPA – Florida's Extra Protection
Florida consumers may also be protected by the Florida Consumer Collection Practices Act (FCCPA).
The FCCPA can apply to a broader range of collection activity than the federal FDCPA, including certain conduct by original creditors and other persons collecting consumer debts.
Florida law prohibits a number of abusive and improper collection practices and may allow an injured consumer to seek:
- Actual damages;
- Additional statutory damages of up to $1,000;
- Punitive damages in appropriate cases;
- Court costs; and
- Reasonable attorney's fees.
Depending on who is collecting the debt and what occurred, the same conduct may implicate both federal and Florida consumer protection laws. Our attorneys evaluate which laws apply based on the specific facts of each case.
Common Debt Collection Violations We See in Florida
Debt collection violations often follow recognizable patterns. These are some of the situations Florida consumers bring to our attorneys:
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Repeated or Harassing Phone Calls
Repeated calls made with the intent to annoy, abuse, or harass may violate federal or Florida law, particularly when a collector continues after learning that certain communications are unwanted or inappropriate.
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False or Misleading Threats of Legal Action
A collector may violate the law by threatening legal action it cannot legally take or does not actually intend to take, or by misrepresenting its present ability to garnish wages, seize property, or freeze a bank account.
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Attempting to Collect Time-Barred Debts Improperly
Old debts can raise complicated statute-of-limitations issues. Statements about whether a debt is legally enforceable, or threats to file a lawsuit that cannot lawfully be brought, may violate consumer protection laws.
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Threatening Arrest or Criminal Charges
A debt collector generally cannot falsely threaten arrest, prosecution, or jail simply because a consumer has not paid an ordinary consumer debt.
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Improperly Discussing Your Debt With Other People
Federal law generally restricts a debt collector from disclosing information about your debt to family members, neighbors, co-workers, employers, and other third parties, subject to limited exceptions.
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Misrepresenting the Amount You Owe
A collector may violate the law by demanding amounts that are not legally authorized, adding improper fees or interest, or misrepresenting the balance or nature of the debt.
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Trying to Collect a Debt That Isn't Yours
Collection activity can result from identity theft, mixed consumer files, mistaken identity, or inaccurate account information. Continuing to pursue the wrong consumer after receiving information showing there may be an error can raise additional legal issues.
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High call volume and prerecorded messages
Debt collectors calling more than 7 times in a 7-day period.
If you believe a collector crossed the line, preserve any letters, emails, text messages, voicemails, screenshots, and call records you have. Those materials can help an attorney determine what happened, which laws may apply, and whether you have a viable claim.
What To Do If a Collector Is Harassing You
You do not need to argue with a debt collector or try to resolve everything during a phone call. Focus instead on preserving evidence, protecting your information, and understanding your rights before making important decisions about the debt.
Step 1 – Keep a Call Log
Write down:
- Date and time of each call
- Who called (collector name, company)
- Number they called from
- What they said (especially threats or abusive language)
Save screenshots of your call history whenever possible. If the same company calls from multiple numbers, preserve those records too.
Step 2 – Save Every Voicemail, Letter, and Text
Do not delete collection voicemails, text messages, emails, or letters. Save envelopes when possible, take screenshots of electronic messages, and keep copies of anything the collector sends you. These materials can help establish what was said, when it was said, and who contacted you.
Step 3 – Be Careful About What You Say or Provide
Before you understand the debt and your rights, you generally should not feel pressured to:
- Admit that you owe the debt;
- Agree to a payment arrangement immediately;
- Provide bank account, debit card, or other sensitive financial information; or
- Guess about dates, balances, or other details you are unsure about.
If you are unsure about the debt, you can ask the collector to provide information in writing and avoid making statements about facts you have not verified.
Step 4 – Understand Your Right to Dispute the Debt or Limit Communications
Depending on the circumstances and timing, federal law may give you important rights to dispute a debt, request information about it, or instruct a covered debt collector to stop certain communications.
These rights can have deadlines and legal consequences, so the wording and timing of a dispute or communication request can matter. Before sending a form letter you found online, consider having a consumer attorney review your situation.
Step 5 – Have a Consumer Lawyer Review What Happened
A consumer lawyer can review the collection letters, call records, voicemails, court papers, and other evidence to determine:
- Whether federal or Florida consumer protection laws may have been violated;
- Whether the debt itself raises legal issues;
- Whether you are facing a lawsuit or other deadline that requires action; and
- What options may be available based on your specific circumstances.
Florida Consumer Lawyers offers free case evaluations for debt collection harassment matters.
Important: Do Not Ignore Court Papers
If you have been served with a debt collection lawsuit, do not assume that disputing the debt with the collector will stop the court case. Lawsuits have separate deadlines, and failing to respond can result in a default judgment.
How Florida Consumer Lawyers Can Help
When we evaluate or handle a debt collection harassment matter, our attorneys may:
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Review the Full Picture
We examine collection letters, call logs, voicemails, text messages, credit reports, court papers, and other relevant records to understand both the collection activity and the underlying debt. -
Identify Potential Consumer Protection Violations
We evaluate whether the conduct may violate the FDCPA, FCCPA, credit reporting laws, communications laws, or other consumer protection statutes that apply to the facts.
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Communicate With the Collector or Creditor
When appropriate, we may contact the company, preserve your legal claims, demand that unlawful conduct stop, and explore whether the matter can be resolved without litigation.
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Pursue Litigation When Necessary
When the facts and law support a claim, we can pursue appropriate relief in state or federal court against debt collectors, debt buyers, creditors, and other responsible parties.
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Address Related Consumer Problems
Debt collection issues often overlap with credit reporting errors, collection lawsuits, foreclosure, repossession, or other financial problems. When appropriate, we consider those related issues so your legal strategy addresses the broader situation rather than just one isolated problem.
Some consumer protection laws allow a successful consumer to recover reasonable attorney's fees and costs from the defendant. We explain how fees would work in your specific matter before you decide whether to proceed.
What Can You Recover in a Debt Collection Harassment Case?
The remedies available depend on the facts, the law that was violated, and the harm caused. In an appropriate case, a consumer may be able to recover:
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Statutory Damages
Certain consumer protection laws authorize additional damages even when a consumer's financial losses are limited. For example, the FDCPA permits up to $1,000 in additional damages in an individual action, subject to the statute and the circumstances of the case.
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Actual Damages
A consumer may seek compensation for provable harm caused by unlawful collection activity, which can include financial losses and, in appropriate cases, emotional distress or other non-economic harm.
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Punitive Damages in Appropriate Cases
Florida law may allow punitive damages when the legal requirements for that form of relief are satisfied.
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Attorney's Fees and Costs
Certain consumer protection statutes allow a successful consumer to recover reasonable attorney's fees and court costs from the defendant.
Our job is to give you a realistic assessment of the strength of your claims, the remedies that may be available, the risks involved, and whether pursuing the matter makes practical sense.
“If I Owe the Debt, Can I Still Sue for Harassment?”
Yes. Owing a debt does not give a collector permission to use unlawful collection practices.
- You owe the underlying debt;
- You fell behind because of financial hardship;
- You are considering a settlement, payment plan, or bankruptcy; or
- You are already dealing with a collection lawsuit.
The key issue is not simply whether a debt is owed, but whether the collector followed the law while attempting to collect it. Consumers do not lose their legal protections because they have fallen behind on a debt.
Debt collection harassment is sometimes only one part of a larger financial problem. When appropriate, our attorneys also evaluate issues involving:
- Collection lawsuits;
- Debt settlement or negotiation;
- Credit reporting problems;
- Repossession or other collection activity; and
- Bankruptcy or other debt-relief options.
The goal is to understand the entire situation and identify a legal strategy that addresses both the collection conduct and the underlying financial problem.
Short Answer
Yes. You may still have legal rights even if you owe the debt. The FDCPA and FCCPA regulate how covered collectors and creditors may attempt to collect consumer debts. Whether you have a claim depends on who contacted you, what they did, and which law applies.
Frequently Asked Questions About Debt Collection Harassment in Florida
Can a debt collector call me at work?
A debt collector generally cannot contact you at work if it knows or should know that your employer prohibits those communications or that contacting you there is inconvenient.
If you tell a debt collector that you cannot receive collection calls at work, make a record of that request. Continued workplace calls after the collector knows they are prohibited or inconvenient may violate federal or Florida law.
Can a debt collector have me arrested?
A debt collector cannot lawfully have you arrested simply because you failed to pay an ordinary consumer debt.
Federal law prohibits debt collectors from falsely representing that nonpayment will result in arrest or imprisonment when that action is not lawful and actually intended. A collector also cannot threaten legal action that it cannot legally take or does not intend to take.
If a collector threatens arrest, jail, or criminal prosecution solely to pressure you into paying a consumer debt, preserve the communication and speak with a consumer attorney.
What if the debt isn't mine or the amount is wrong?
If you do not recognize the debt or believe the amount is wrong, do not assume the collector's information is accurate.
Federal debt collection law gives consumers important validation and dispute rights. In particular, a written dispute submitted within the applicable validation period can require a covered debt collector to stop collection of the disputed debt until it provides verification.
Errors may result from mistaken identity, identity theft, mixed files, incorrect balances, payments that were not properly credited, or inaccurate information supplied by a creditor or collector.
If the same inaccurate debt is also appearing on your credit reports, additional rights under federal credit reporting law may apply.
Can I tell a debt collector to stop calling me?
In some circumstances, yes. Federal law allows consumers to request that a covered debt collector stop certain communications. A written request can provide important protections, although limited communications may still be permitted by law.
Stopping communications does not necessarily eliminate the debt or prevent a collector from taking other lawful action, such as filing a lawsuit. Before sending a form cease-contact letter, consider whether doing so makes sense for your particular situation.
What should I do if a debt collector sues me?
Do not ignore the lawsuit, even if you believe the debt is wrong or the collector has been harassing you. A debt collection lawsuit has its own court deadlines, and failing to respond can result in serious consequences.
Keep the summons, complaint, account statements, collection letters, and other documents you received and have them reviewed as soon as possible.
How long do I have to take action?
Deadlines vary depending on the law and the type of case.
For example, an FDCPA lawsuit generally must be filed within one year from the date of the violation. Florida consumer protection claims and collection lawsuits may involve different deadlines.
If you have also been served with a collection lawsuit, the deadline to respond to the lawsuit is separate from any deadline for bringing a consumer protection claim.
Because waiting can affect your rights, it is a good idea to have the documents and timeline reviewed promptly.
How much does it cost to hire Florida Consumer Lawyers?
Fee arrangements depend on the type of claim and the circumstances of the case. Many debt collection harassment matters may be handled without requiring the client to pay attorney's fees upfront, and certain consumer protection laws allow a successful consumer to recover reasonable attorney's fees from the defendant.
During your free case evaluation, we will explain the potential costs and fee arrangement before you decide whether to move forward.
Serving Consumers Throughout Florida From Our Tampa Office
Florida Consumer Lawyers is based in Tampa and represents consumers throughout the State of Florida. Our attorneys assist clients in Tampa Bay, Central Florida, North Florida, South Florida, and communities across the state.
Because many consumer-law matters can be handled electronically and by phone or video conference, you do not necessarily need to live near our Tampa office to speak with our attorneys or have your case evaluated.
We can typically review documents, discuss your situation, and evaluate a potential debt collection harassment claim remotely. Clients who prefer an in-person meeting are also welcome to meet with us at our Tampa office.
Tampa Office: 2701 West Busch Boulevard, Suite 209, Tampa, Florida 33618
Statewide Representation: Available to consumers throughout Florida