What is unlawful debt collection?
Unlawful debt collection occurs when a person or company uses collection practices prohibited by federal or Florida law. Depending on who is collecting the debt and what occurred, the Fair Debt Collection Practices Act (FDCPA), the Florida Consumer Collection Practices Act (FCCPA), or both may apply.
These laws can restrict harassment, deceptive statements, unfair charges, improper communications, false threats, and other abusive collection conduct.
What Types of Debt Collection Conduct May Be Unlawful?
-
Examples of conduct that may violate federal or Florida debt collection law include:
Harassment or Abuse
Repeated calls intended to annoy, abuse, or harass; obscene or abusive language; threats of violence; or other oppressive conduct.False or Misleading Statements
Misrepresenting the amount or legal status of a debt, falsely claiming to be an attorney or government representative, or threatening legal action that cannot lawfully be taken or is not actually intended.Unfair Collection Practices
Attempting to collect interest, fees, or other charges that are not authorized by the agreement or permitted by law, or using other unfair or unconscionable methods.Improper Calls or Communications
Contacting a consumer at prohibited or inconvenient times or places, repeatedly calling in a manner that may constitute harassment, or continuing certain communications after receiving a legally effective request to stop.Improper Disclosure to Other People
Discussing a consumer's debt with employers, family members, neighbors, co-workers, or other third parties when the law does not permit the disclosure.Florida-Specific Prohibited Practices
Florida law also prohibits additional conduct, including certain employer contacts before judgment, impersonating law enforcement, threats of force or violence, and claiming legal rights that the collector knows do not exist.
Common Examples
Depending on the circumstances, potential violations may include:
- Repeatedly calling about the same debt in a manner that exceeds federal call-frequency protections or otherwise indicates an intent to harass;
- Sending a letter designed to falsely appear as though it came from a court, government agency, or attorney;
- Adding a collection fee that is not authorized by the agreement or permitted by law;
- Falsely threatening arrest, garnishment, foreclosure, seizure, or a lawsuit;
- Disclosing a consumer's debt to an employer or other third party when the law does not permit it.
What Can a Consumer Recover for Illegal Debt Collection?
The remedies available depend on which law was violated and the facts of the case.
Under the federal FDCPA, an individual consumer may be able to recover actual damages, additional statutory damages of up to $1,000, court costs, and reasonable attorney's fees in a successful action.
Florida's FCCPA may also allow actual damages, additional statutory damages of up to $1,000, court costs, reasonable attorney's fees, and, in appropriate cases, punitive or equitable relief.
The specific remedies available should be evaluated based on the conduct involved and the law that applies.
What Are Common Illegal Debt Collection Tactics?
Debt collection violations can take many forms. Some involve harassment or repeated calls, while others involve false statements, improper threats, unauthorized charges, or disclosure of a debt to other people.
The legality of the conduct depends on the facts, who is collecting the debt, and which federal or Florida law applies.
The specifics (what's actually illegal)
Common examples of potentially unlawful collection conduct include:
Repeated or Harassing Calls
Calling repeatedly with the intent to annoy, abuse, or harass, or using other oppressive communication tactics.
Threats of Arrest or Criminal Prosecution
Falsely threatening that a consumer will be arrested, jailed, or criminally prosecuted simply for failing to pay an ordinary consumer debt.
False Threats of Lawsuits or Garnishment
Threatening to sue, garnish wages, freeze a bank account, or seize property when the collector cannot lawfully take that action or does not actually intend to do so.
Misrepresenting the Debt
Falsely stating the amount owed, the legal status of the debt, who owns it, or what consequences will follow if it is not paid.
Unauthorized Fees or Charges
Attempting to collect interest, collection fees, or other amounts that are not authorized by the agreement or permitted by law.
Improper Third-Party Disclosure
Telling employers, relatives, neighbors, co-workers, or other third parties about a consumer's debt when the law does not allow the disclosure.
Pretending to Be Someone They Are Not
Falsely claiming to be an attorney, law enforcement officer, court official, government representative, or another person with authority they do not have.
Using Deceptive Documents or Communications
Sending papers or messages designed to falsely look like court documents, government notices, legal filings, or other official communications.
Improper Workplace Contacts
Contacting a consumer at work when the collector knows or should know those communications are prohibited or inappropriate.
Trying to Collect From the Wrong Person
Continuing collection activity despite information suggesting the debt belongs to someone else, resulted from identity theft, or contains serious account errors.
A collector does not have to use every tactic listed above for the law to apply. A single communication can raise legal issues depending on what was said, who received it, and the circumstances surrounding the collection attempt.
If you believe a collector used one of these tactics, preserve the original letter, voicemail, text message, email, screenshot, call record, or court document whenever possible.
What Is the “7-in-7” Debt Collection Rule?
Under the Consumer Financial Protection Bureau's Regulation F, a covered debt collector is generally presumed to violate federal restrictions on repeated or continuous telephone calls if, in connection with a particular debt, the collector:
- Places more than seven telephone calls within seven consecutive days; or
- Places a telephone call within seven consecutive days after having a telephone conversation with the consumer about that debt.
These are rebuttable presumptions, not absolute call limits. The overall pattern and circumstances of the communications can still matter.
What Counts Toward the 7-in-7 Rule?
-
The rule focuses on telephone calls placed by the debt collector in connection with a particular debt.
Important points include:
- Calls that reach voicemail can count as telephone calls for purposes of the frequency analysis.
- Text messages and emails do not count toward the specific telephone-call tally, although excessive communications through multiple channels can still raise harassment concerns.
- The rule generally applies on a particular-debt basis, although special circumstances can affect how debts are treated.
- Certain calls are excluded from the calculation, including some calls made with the consumer's prior consent or for other reasons specifically recognized by the regulation.
What If a Collector Is Calling About More Than One Debt?
The telephone-call frequency rule generally evaluates calls in connection with a particular debt. That means calls about separate debts may be analyzed separately.
The details can become more complicated when multiple accounts are related or serviced together, so the complete call history and account information should be reviewed before deciding whether the rule was violated.
Are There Exceptions?
Yes. The regulation excludes certain telephone calls from the frequency calculation, and the presumptions can be rebutted based on the facts.
For example, some calls made with the consumer's prior consent may be excluded for a limited period. Other circumstances recognized by the regulation may also affect the analysis.
That is why call frequency should be evaluated together with the timing, pattern, purpose, and overall circumstances of the communications.
Does Florida Law Provide Additional Protection?
Yes. Florida's Consumer Collection Practices Act (FCCPA) provides additional protections that may apply independently of the federal call-frequency rule.
A consumer may therefore have rights under Florida law even when the federal 7-in-7 presumption is not exceeded. The full pattern of calls, statements, timing, and other conduct should be considered when evaluating a potential claim.
Examples
-
Example 1: More Than Seven Calls
A covered collector places eight calls about the same debt within seven consecutive days. That can trigger a presumption that the collector violated the federal call-frequency rule.Example 2: Calling After a Conversation
You speak with a collector about a particular debt on Tuesday, and the collector places another call about that debt three days later. That can trigger the separate presumption concerning calls made within seven days after a telephone conversation.Example 3: Calls Plus Other Communications
A collector places several calls and also sends repeated emails or text messages. Even if the telephone-call presumption is not exceeded, the overall pattern of communications may still be relevant to whether the conduct was harassing.
If you believe a collector is calling too frequently, keep a record of the date, time, phone number, debt involved, and whether you actually spoke with the collector. Those details can be important when determining whether the federal call-frequency rule or other consumer protection laws may apply.
How Should I Document Possible Debt Collection Violations?
-
Good documentation can help establish what happened, when it happened, and who was involved. If you believe a debt collector may have violated your rights, consider preserving the following:
Keep a Call Log
Write down the date and time of each call, the number displayed, the name of the company or caller, which debt was discussed, whether you answered, and what was said.Save Voicemails
Preserve collection voicemails in their original form whenever possible. Do not delete them simply because you have written down what they said.Take Screenshots
Save screenshots of caller ID records, text messages, emails, online account messages, and other electronic communications. Make sure the date and time are visible when possible.Keep Collection Letters and Envelopes
Save the original letters as well as the envelopes they arrived in. Postmarks, return addresses, markings, and other information on an envelope can sometimes be relevant.Save Copies of What You Send
If you send a dispute, cease-communication request, or other correspondence, keep a copy along with proof of when and how it was sent.Preserve Account Records
Keep statements, contracts, payment records, settlement agreements, and other documents that may help determine whether the amount being collected is accurate.Document Workplace Calls
If collection calls are coming to your workplace, record the dates and times and preserve any employer policy, email, or other information showing that personal or collection calls are prohibited.Preserve Credit Reporting Evidence
If the debt is also being reported inaccurately, keep copies of your credit reports, disputes, investigation results, and correspondence with credit bureaus or companies furnishing the information.Keep Everything Organized
Store the documents together in a folder—electronic or paper—and avoid deleting or altering the original evidence.
A Note About Recording Calls
Be cautious about recording telephone conversations. Florida law imposes significant restrictions on recording private communications, and whether a recording is lawful can depend on the circumstances and consent of the parties. Saving voicemails and maintaining detailed written call logs are safer ways to preserve evidence. Speak with an attorney before intentionally recording collection calls if you are unsure whether doing so is lawful.
Keep Proof of Delivery
When sending an important written dispute or communication request, use a method that allows you to retain evidence of what was sent and when it was delivered. Keep copies of the correspondence and any mailing, tracking, or electronic delivery confirmation.
Good records can make it much easier for an attorney to evaluate whether the collector's conduct violated the law and what evidence may support the claim.
What Can You Say or Write to Limit Debt Collector Contact?
You have several options for limiting debt collection communications, but they do not all have the same legal effect.
Depending on the circumstances, you may be able to:
- Tell a collector not to call you at a particular place, such as your workplace;
- Ask the collector not to use a particular communication method, such as telephone calls or email;
- Dispute the debt and request information about it;
- Tell a covered debt collector in writing to stop further communications; or
- Direct a collector to communicate with your attorney if you are represented.
The right response depends on whether you recognize the debt, whether you dispute it, whether a lawsuit has been filed, and what you want the collector to do next.
Simple Ways to Communicate Your Preferences
Use these once, then follow up in writing.
If You Do Not Want Calls at Work
“My employer does not allow collection calls at work. Please do not contact me here.”
Florida law also restricts certain employer contacts before judgment, subject to statutory exceptions.
If You Do Not Want Telephone Calls
“Please stop calling me. I do not want to communicate by telephone.”
Under Regulation F, a request not to use a particular communication method can restrict a covered collector from continuing to use that method.
If You Want Information in Writing
“I am not comfortable discussing this by telephone. Please provide information about the debt in writing.”
If You Believe They Have the Wrong Person
“I do not believe this debt belongs to me. Please provide information showing why you believe I am responsible for it.”
This is better than simply saying “wrong number,” because it preserves the possibility that the consumer needs to formally dispute the debt.
If You Are Represented by an Attorney
“I am represented by an attorney regarding this matter. My attorney's contact information is: [name and contact information]. Please direct communications as permitted by law.”
Keep a record of what you told the collector, when you said it, and whether the communications continued.
Written Requests That May Affect Collection Communications
Request to Stop Further Communications
If you want a covered debt collector to stop communicating with you about a debt, a written request may provide important protections under the FDCPA.
A simple request can say:
“I am requesting that you stop communicating with me about this debt except as permitted by law.”
Once a covered debt collector receives an effective written cease-communication request, federal law generally prohibits further communications about the debt except for limited purposes, such as confirming that communications will stop or notifying the consumer of certain lawful actions the collector or creditor may take.
Important: Stopping communications does not erase the debt and does not necessarily prevent a creditor or collector from filing a lawsuit or taking other lawful collection action.
Disputing the Debt or Requesting Verification
Use:
If you believe the debt is not yours, the amount is wrong, or you need more information, you may want to dispute it in writing.
A simple request can say:
“I dispute this debt and request verification and additional information about the amount claimed and the creditor.”
A timely written dispute submitted during the applicable 30-day validation period generally requires a covered debt collector to pause collection of the disputed debt until verification is provided.
Because the timing can matter, preserve the validation notice and the date you received it.
Request to Stop Workplace Communications
Use:
If collection communications are reaching your workplace, you can clearly tell the collector:
“My employer does not permit these communications. Please do not contact me at work.”
Keep a record of the request and any communications that occur afterward. Federal and Florida law contain protections relating to workplace and employer communications, although the exact rules depend on the circumstances.
Be Careful About What You Say
- Then replace the current bullets with:
- Before you have verified the debt and understand your options, avoid feeling pressured to:
- Admit that you owe a debt you have not verified;
- Guess about dates, balances, or account details;
- Provide Social Security numbers, complete dates of birth, bank account numbers, or other sensitive information unnecessarily; or
- Agree to a payment or payment plan simply to end an uncomfortable call.
- For older debts in particular, consider understanding the applicable statute of limitations and other consequences before making a payment or entering into a new agreement.
If You Receive Court Papers
Do not ignore a collection lawsuit. Court cases have separate response deadlines, and a cease-contact request or debt dispute does not automatically stop litigation.
If the Debt Is Being Reported Inaccurately
Collection communications and credit reporting are separate issues. If inaccurate information is appearing on your credit reports, additional dispute rights may apply.
If You Do Not Recognize the Debt
Do not simply assume the calls will stop. Request information and consider disputing the debt so you can determine whether it results from mistaken identity, identity theft, or another error.
You do not have to argue with a debt collector over the phone. Be clear about how you want to be contacted, preserve your records, dispute inaccurate debts promptly, and do not ignore court papers or other legal deadlines.
If you are unsure which type of request is appropriate, a consumer lawyer can review the debt and collection history before you send a letter that could affect your strategy.
What are two things debt collectors are not allowed to do?
Two of the most important things covered debt collectors are prohibited from doing are:
1. Harassing or Abusing You
Federal law prohibits debt collectors from engaging in conduct intended to harass, oppress, or abuse a consumer. Examples can include repeated calls made with the intent to annoy or harass, threats of violence, obscene or abusive language, and other oppressive conduct.
2. Using False, Deceptive, or Misleading Statements
Debt collectors may not misrepresent the amount or legal status of a debt, falsely threaten arrest or legal action, pretend to be an attorney or government official, or otherwise mislead a consumer about the debt or the consequences of not paying it.
Florida law may provide additional protections depending on who is collecting the debt and what occurred.
What Should You Do If You Believe Debt Collection Is Unfair or Illegal?
If you believe a debt collector is using unfair or unlawful tactics, focus first on protecting your rights, preserving evidence, understanding the debt, and responding to any deadlines. The right next step depends on whether you dispute the debt, want communications limited, have inaccurate credit reporting, or have already been sued.
Steps to Protect Yourself
Step 1 — Review the Debt and the Validation Notice
Start by determining who is contacting you, who currently owns the debt, the amount being claimed, and whether you recognize the account.
Covered debt collectors generally must provide validation information about the debt. If you dispute the debt in writing during the applicable 30-day validation period, the collector generally must pause collection of the disputed debt until it provides verification.
Keep the original validation notice and note the date you received it.
Step 2 — Preserve the Evidence
Save collection letters, envelopes, voicemails, text messages, emails, screenshots, and call records. Keep notes showing the date and time of communications, who contacted you, which debt was discussed, and what was said.
Good records can help determine whether the collector violated the law and can also help resolve disputes about the debt itself.
Step 3 — Decide How You Want the Collector to Communicate
If certain communications are creating problems, clearly tell the collector.
Depending on the circumstances, you may be able to request that a collector stop calling a particular number, stop contacting you at work, use a different communication method, or stop further communications altogether.
A written cease-communication request can significantly restrict further communications by a covered debt collector, but it does not erase the debt or prevent other lawful collection activity, such as filing a lawsuit.
Step 4 — Check Whether the Amount Is Accurate
Review whether the balance includes interest, collection fees, attorney's fees, or other charges. Compare the amount being demanded with account statements, agreements, prior payments, settlement terms, and other available records.
If the amount appears incorrect or includes charges you do not recognize, preserve the documents showing the discrepancy and consider disputing it.
Step 5 — Check Your Credit Reports if the Debt Is Being Reported
If the collection account is also appearing on your credit reports, review the information for errors involving the balance, account ownership, payment history, dates, or identity of the consumer.
Credit reporting disputes involve separate rights from debt collection disputes. If the information is inaccurate, additional protections under federal credit reporting law may apply.
Step 6 — Do Not Ignore Court Papers
If you are served with a debt collection lawsuit, respond to the lawsuit separately from any dispute or cease-contact request you may have sent to the collector.
A written dispute does not automatically stop a court case, and failing to respond can result in a default judgment or other serious consequences.
Step 7 — Consider Having a Consumer Lawyer Review the Matter
If the collector continues questionable conduct, makes serious threats, discloses the debt to other people, pursues an inaccurate debt, or ignores legally effective requests, a consumer attorney can evaluate whether the FDCPA, FCCPA, or another consumer protection law may apply.
Depending on the law and the facts, available remedies can include actual damages, statutory damages, court costs, attorney's fees, and other relief.
The Bottom Line
If you believe collection activity is unfair or unlawful, do not make decisions simply because a collector is pressuring you. Review the debt, preserve the evidence, use your dispute and communication rights carefully, address inaccurate credit reporting when necessary, and never ignore court papers.
If you are unsure which rights apply, a consumer attorney can review the complete situation before you take a step that may affect your legal options.
Is There a Minimum Debt Amount Before a Collector Can Sue?
There is no universal minimum dollar amount that a creditor or debt collector must meet before filing a lawsuit. Whether a lawsuit is filed depends on the facts, the type of debt, the applicable law, and the collector's decision about whether to pursue the account.
Even a relatively small debt can potentially lead to a lawsuit, so consumers should not assume that a low balance means they are safe from being sued.
-
What Factors May Affect Whether a Collector Files Suit?
A creditor or debt collector may consider a variety of factors before filing a collection lawsuit, including:
- The amount allegedly owed;
- The age of the debt;
- Whether the claim is still within the applicable statute of limitations;
- The documents and account records available to support the claim;
- The costs associated with filing and serving the lawsuit; and
- Whether the creditor or collector believes litigation is an appropriate way to pursue the account.
There is no reliable dollar threshold that allows a consumer to predict whether a lawsuit will or will not be filed.
-
Does the Amount Affect Which Florida Court Handles the Case?
Yes. The amount in dispute can affect which court procedures apply. Florida's Small Claims Rules generally apply to qualifying civil claims of $8,000 or less, exclusive of costs, interest, and attorney's fees, although court rules and jurisdictional requirements can change over time.
The fact that a debt is small enough for small claims procedures does not mean a lawsuit is insignificant. A judgment can create serious collection consequences.
The Bottom Line
Do not assume a collector will ignore a debt simply because the balance seems small. If you receive a summons or complaint, take it seriously and respond by the deadline stated in the court papers.
Responding to the lawsuit does not mean you are admitting that the debt is valid or that you owe the amount claimed. It requires the plaintiff to prove its case and preserves your opportunity to raise applicable defenses.
What Should You Do If You Are Worried About Being Sued?
If you are receiving collection notices and are concerned that a lawsuit may follow:
- Review the debt and determine whether you recognize it;
- Keep all collection letters and account records;
- Understand any dispute or validation rights that may apply;
- Be cautious about making payments or agreements on older debts before understanding the statute of limitations; and
- Do not ignore any court papers you receive.
If a lawsuit is filed, an attorney can review whether the plaintiff has sufficient evidence, whether the amount is accurate, whether the claim was filed on time, and whether other defenses or consumer protection issues may apply.
What Does “15 U.S.C. § 1692” Mean in Debt Collection Law?
- 15 U.S.C. § 1692 refers to the section of the United States Code where the Fair Debt Collection Practices Act (FDCPA) begins. The FDCPA is a federal consumer protection law that regulates the conduct of covered debt collectors and prohibits abusive, deceptive, and unfair debt collection practices.
When you see references such as § 1692d, § 1692e, or § 1692f, those numbers refer to specific provisions within the FDCPA.
- What Do the Main FDCPA Sections Cover?
Some of the most commonly referenced provisions include:
15 U.S.C. § 1692d — Harassment or Abuse
Prohibits conduct intended to harass, oppress, or abuse a consumer in connection with collecting a debt.15 U.S.C. § 1692e — False or Misleading Representations
Prohibits false, deceptive, or misleading statements about a debt, the collector's identity, legal consequences, and other material information.15 U.S.C. § 1692f — Unfair Practices
Prohibits unfair or unconscionable methods of collecting or attempting to collect a debt.15 U.S.C. § 1692g — Validation of Debts
Requires covered debt collectors to provide certain information about the debt and gives consumers important dispute and verification rights.15 U.S.C. § 1692c — Communications With Consumers
Regulates when, where, and under what circumstances covered debt collectors may communicate with consumers and certain third parties.
-
What Does “Et Seq.” Mean? You may also see the FDCPA cited as 15 U.S.C. § 1692 et seq. The phrase “et seq.” simply means “and the sections that follow.” It refers to the collection of federal statutes that make up the FDCPA rather than only the first section.
-
Is the FDCPA the Same as Florida's Debt Collection Law?
No. The FDCPA is federal law. Florida also has the Florida Consumer Collection Practices Act (FCCPA), which provides separate protections for Florida consumers.
Depending on who is collecting the debt and what conduct occurred, a consumer may have rights under the FDCPA, the FCCPA, or both.
If a collection letter, lawsuit, or other communication cites a particular FDCPA section, the section number can help identify the type of conduct or consumer right involved. An attorney can evaluate how that provision applies to the specific facts.
What Should You Be Careful About Saying to a Debt Collector?
When speaking with a debt collector, avoid making statements or providing information you have not verified. Keep the conversation focused, do not feel pressured to make an immediate payment decision, and ask for written information about the debt when you need time to review it.
The right response depends on whether you recognize the debt, whether the amount is accurate, how old the debt is, and whether legal proceedings have already begun.
Statements and Information to Handle Carefully
-
Do Not Admit Facts You Have Not Verified
Avoid confirming that a debt is yours, agreeing to the balance, or accepting other account details until you have reviewed the available information.
If you are unsure, you can simply say:
“I would like information about the debt in writing so I can review it.”
-
Be Cautious About Payments on Older Debts
Before making a payment or agreeing to a payment plan on an older debt, consider determining how old the debt is and whether a statute of limitations may affect the collector's ability to sue.
In some jurisdictions and circumstances, a partial payment or acknowledgment can affect the applicable limitations period, so older debts deserve particular care.
-
Protect Sensitive Personal and Financial Information
Do not provide bank account numbers, debit card information, complete Social Security numbers, or other sensitive financial information until you have verified that the collector is legitimate and understand why the information is being requested.
Legitimate collectors may request limited identifying information, but consumers should be cautious about providing sensitive information before verifying the collector and debt.
-
Do Not Agree to Workplace Calls If They Are a Problem
If your employer prohibits collection calls or workplace communications are inconvenient, tell the collector clearly:
“My employer does not permit these communications. Please do not contact me at work.”
Keep a record of when you made the request
-
Be Careful About Authorizing Third-Party Discussions
Debt collection laws generally restrict disclosure of a consumer's debt to third parties. Be cautious about giving a collector permission to discuss the debt with employers, relatives, friends, or other people unless you understand why that authorization is needed.
If you are represented by an attorney regarding the debt, provide the attorney's contact information when appropriate.
-
Avoid Making Statements About Litigation You Do Not Mean
There is generally little benefit in daring or encouraging a collector to file a lawsuit. Keep the conversation focused on obtaining information and understanding the debt.
If you are served with a lawsuit, treat the court papers seriously and respond according to the applicable deadline.
-
Limit Sensitive Identifying Information
Before providing sensitive identifying information, verify who is contacting you and why the information is needed.
A legitimate collector may request limited information to confirm that it is speaking with the correct person. If you are uncomfortable providing a Social Security number or similar information, ask whether another method can be used to verify your identity.
Simple Responses You Can Use
If You Want Information About the Debt
“Please provide information about the debt in writing so I can review it.”
If You Believe the Debt Is Wrong
“I do not believe this information is accurate. Please provide information showing the amount claimed and why you believe I owe it.”
If You Do Not Want Calls at Work
“My employer does not permit these communications. Please do not contact me at work.”
If You Have an Attorney
“I am represented by an attorney regarding this matter. My attorney's contact information is [name and contact information].”
More formal disputes, cease-communication requests, and other written notices can have specific legal consequences. The appropriate wording depends on what you are trying to accomplish.
The Bottom Line
You do not need to resolve a debt during an unexpected telephone call. Verify the collector, obtain information about the debt, avoid guessing or agreeing to facts you have not reviewed, and protect sensitive financial information.
Be especially careful with older debts, payment agreements, and court papers. If you are unsure how a statement or payment could affect your rights, consider having the situation reviewed before making a decision.