Know Your Rights When Debt Collectors Cross the Line
Debt Collection Harassment
Federal and Florida law protect consumers from abusive, deceptive, and unfair debt collection practices. If a debt collector, debt buyer, creditor, or collection company violates those laws, you may have legal options.
Has a Debt Collector Crossed the Line?
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Warning signs can include:
- Repeated or harassing calls;
- False statements about the debt or the amount owed;
- Threats of arrest or legal action that cannot lawfully be taken;
- Improper disclosure of your debt to family members, employers, or other third parties;
- Attempts to collect unauthorized fees or charges; and
- Other conduct that may violate federal or Florida consumer protection laws.
What is Debt Collection Harassment?
Debt collection harassment generally involves conduct that crosses the line from lawful collection activity into abusive, deceptive, unfair, or otherwise prohibited behavior.
Debt collectors are allowed to contact consumers and attempt to collect legitimate debts, but federal and Florida law place limits on how they may do so. The legality of the conduct depends on factors such as who is collecting the debt, what was said or done, how often the consumer was contacted, and which law applies.
Harassing or Abusive Conduct
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Debt collectors may not use conduct intended to harass, oppress, or abuse a consumer in connection with collecting a debt.
Examples can include:
- Threatening violence or other unlawful harm;
- Using obscene, profane, or abusive language;
- Repeatedly calling with the intent to annoy, abuse, or harass; or
- Publicly identifying a consumer as someone who refuses to pay a debt, except where specifically permitted by law.
False or Misleading Statements
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Debt collectors may not use false, deceptive, or misleading representations when attempting to collect a debt.
Examples can include:
- Falsely claiming to be an attorney, law enforcement officer, or government representative;
- Falsely claiming that you committed a crime;
- Misrepresenting the amount, character, or legal status of the debt;
- Falsely suggesting that documents are official court or government papers when they are not;
- Falsely suggesting that documents are not legal documents when they actually are; or
- Using a false business name or identity in a way that misleads the consumer.
False Threats of Legal Action
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A collector may violate the law by threatening consequences that are not legally available or that it does not actually intend to pursue.
Examples can include:
- Threatening arrest or imprisonment for failure to pay an ordinary consumer debt;
- Threatening wage garnishment, seizure of property, or freezing of bank accounts when the collector does not have the legal right to take that action; or
- Threatening to file a lawsuit when the collector cannot lawfully sue or does not actually intend to do so.
Misrepresentation and Credit Reporting Issues
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Debt collection activity can also raise additional legal issues when a collector provides inaccurate information or creates a false impression about who is contacting you.
Potential violations can include:
- Reporting or furnishing inaccurate information about a debt;
- Using documents designed to appear as though they came from a court or government agency when they did not; or
- Using false names, titles, or identities in a misleading manner.
Unfair Collection Practices
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Debt collectors may also violate the law by using unfair or unconscionable methods to collect a debt.
Examples can include:
- Attempting to collect interest, fees, or other charges that are not authorized by the agreement or permitted by law;
- Depositing or threatening to deposit certain post-dated checks before the agreed date;
- Taking or threatening to take property when there is no lawful right to do so; or
- Using certain communications that improperly disclose that a consumer is being contacted about a debt.
What Laws Protect Florida Consumers From Debt Collection Harassment?
Florida consumers may be protected by both federal and state debt collection laws.
The Fair Debt Collection Practices Act (FDCPA) is a federal law that prohibits covered debt collectors from using abusive, deceptive, or unfair practices when collecting consumer debts.
Florida also has the Florida Consumer Collection Practices Act (FCCPA). The FCCPA regulates collection of consumer debts in Florida and can apply to conduct by persons and companies beyond those covered by the federal FDCPA, depending on the circumstances.
Which law applies depends on who is collecting the debt, what type of debt is involved, and what occurred.
If You Think a Debt Collector Violated Your Rights, Consider These Questions
What Types of Debts Are Covered?
The FDCPA and FCCPA generally concern consumer debts—obligations arising primarily from personal, family, or household transactions.
Examples may include:
- Credit card debt;
- Medical bills;
- Personal loans;
- Auto loans;
- Residential mortgage debt; and
- Other obligations incurred primarily for personal, family, or household purposes.
Business or commercial debts generally do not receive the same protections under these consumer debt collection laws.
Can a Debt Collector Contact Me at Any Time or Place?
No. Federal law generally prohibits a covered debt collector from communicating with a consumer at a time or place it knows, or should know, is inconvenient.
Unless the collector has information showing otherwise, federal law generally treats calls after 8:00 a.m. and before 9:00 p.m. in the consumer's local time as the presumptively convenient window.
Calls within those hours can still raise legal issues depending on the frequency, circumstances, and purpose of the communications.
Can a Debt Collector Contact Me at Work?
A covered debt collector generally may not contact you at your workplace if it knows or has reason to know that your employer prohibits those communications.
Florida law also places restrictions on certain communications with a debtor's employer.
If collection calls are coming to your workplace, tell the collector if your employer prohibits those calls and keep a record of when the request was made and whether the calls continued.
Can I Tell a Debt Collector to Stop Contacting Me?
In some circumstances, yes. Under the FDCPA, if a consumer notifies a covered debt collector in writing that the consumer refuses to pay the debt or wants further communications to stop, the collector generally must cease further communications about that debt.
Limited communications may still be permitted, such as notifying you that collection efforts are ending or that the collector or creditor may take, or intends to take, a specific lawful action.
A cease-communication request does not erase the debt or necessarily prevent a creditor or collector from pursuing other lawful remedies, including a lawsuit.
Can a Debt Collector Contact Other People About My Debt?
Federal law generally restricts a debt collector from discussing your debt with family members, friends, neighbors, co-workers, employers, or other third parties.
A collector may have limited authority to contact another person to obtain location information, such as your address or telephone number. In those communications, the collector generally may not disclose that you owe a debt.
There are also limits on repeated contacts with the same third party, although exceptions can apply in certain circumstances.
If a collector disclosed your debt to someone else, preserve any voicemail, text message, letter, screenshot, or witness information showing what occurred.
Does a Debt Collector Have to Give Me Information About the Debt?
Covered debt collectors generally must provide important validation information about the debt either in the initial communication or within the time required by federal law.
That information can include the identity of the debt collector and creditor, information about the amount claimed to be owed, and instructions explaining how the consumer can dispute the debt or request additional information.
Consumers generally have a limited validation period in which certain dispute rights are especially important. A timely written dispute can require the collector to pause collection of the disputed debt until verification is provided.
What If a Debt Collector Sues Me?
Do not ignore the lawsuit. A collection lawsuit has its own court deadlines, and failing to respond can result in a default judgment or other serious consequences.
Keep the summons, complaint, account statements, collection letters, and any other documents you received. An attorney can review whether the plaintiff has the right to collect the debt, whether the amount is accurate, whether defenses may apply, and whether any separate consumer protection violations occurred.
A collection lawsuit and a debt collection harassment claim are different legal matters, even when they involve the same debt.
You Have the Right to Be Treated Lawfully
Talk With a Florida Consumer Lawyer
When you contact Florida Consumer Lawyers about a potential debt collection matter, your case will be reviewed with a consumer lawyer — not simply passed to a call center or intake company.
If you believe a debt collector, debt buyer, creditor, or collection company may have violated your rights, tell us what happened. We can review the communications, documents, and other evidence and help you understand which laws may apply.
Florida Consumer Lawyers offers free case evaluations for potential debt collection harassment and consumer protection claims. There is no obligation to move forward simply because you speak with us.
Or Call (813) 282-9330