Florida Consumer Collection Practices Act (FCCPA)
The Florida Consumer Collection Practices Act specifically prohibits debt collectors, as well as creditors from utilizing deceptive or abusive tactics while collecting debts. The FCCPA debt collection state laws in Miami Beach serve as a part of the federal Fair Debt Collection Practices Act (FDCPA).
The FDCPA is a federal law that imposes limitations on what a bill collector can do while they attempt to get an individual to repay a debt. This act prevents a debt collector from discussing debts with third parties, calling debtors at work, or engaging in other tactics that harass, abuse or mislead debtors into paying debts.
Nevertheless, the FDCPA applies to only third-party debt buyers. Unfortunately, this legal provision does not govern any collection activities performed by the original creditor.
The FCCPA debt collection state laws in Miami Beach protect debtors from abusive debt collection practices. This is an adopted provision of the FDCPA with additional laws that support the federal act. Under many circumstances, the Florida provision offers additional protection in the state versus the federal law. While the Florida CCPA covers third-party debt collectors similar to the FDCPA, the Florida-specific act regulates the original creditors as well.
In some states, when a creditor sells or transfers a debt to another entity, the buyer cannot then sue to reclaim the debt. However, Florida enables the buyer to collect this assigned debt. Nevertheless, the new buyer must provide the debtor with a 30-day notice before beginning collection activities. This new buyer remains subject to the impose regulations imposed by the FCCPA and FDCPA, including rules that prohibit collection on old debt totals.
Prohibited Collection Actions under Debt Collection State Laws in Miami Beach
FCCPA debt collection state laws in Miami Beach prohibit creditors, as well as debt collectors from engaging in many different potentially harassing behaviors. These may include:
- Impersonating law enforcement or another government agency.
- Threatening to use force or violence.
- Making threats to communicate with an employer. However, with a judgment in place, this is legal.
- Threats about reporting critical information about the disputed debt to a credit reporting agency without disclosing the dispute.
- Contacting third parties about the debt.
- Harassing the debtor or their family about the debt.
- Debtors wield a right to action against creditors and debtors when they violate the FCCPA. This involves filing a lawsuit in Florida. If the debtor wins, the court may reward tangible damages, statutory damages up to $1000, potential punitive damages, attorney fees, and court costs.
- Debtors may additionally file complaints with the Florida Office of Financial Regulation.
When creditors and debt collectors utilize abusive, harassing, or deceptive collection practices, debtors may also sue under the federal FDCPA. However, this requires the legal expertise of a qualified attorney well versed in debt collection law.
Debt collectors represent individuals and entities that try to reclaim debts owed to others. They will likely contact the debtor when they are behind in their payments on personal, family, and household debts. They may also make contact when errors exist on an account.
These debtor collectors may contact the debtor in person, by mail, email, telephone, telegram, as well as fax. However, they cannot communicate with the debtor or their family harassingly. They cannot contact the debtor at work if the employer does not approve, or at unreasonable times or places. This includes before 8 A.M. or after 9 P.M.
No individual should experience harassment and humiliation, regardless of the validity concerning the debt. This situation is exacerbated as economic problems prove stressful enough with difficulty paying bills. To protect debtors from illegal harassment and abuse, the FDCPA and FCCPA debt collection state laws in Miami Beach exist.
Attorneys Experienced with Debt Collection State Laws in Miami Beach with the Law Offices in Paul a. Humbert, P.L.
In spite of a plethora of protections in place for debtors, harassment still exists concerning creditors and debt collection agencies. Dealing with financial issues is a stressful, often intimidating, and scary situation. No one in this situation needs an unethical collection agency on their back.
The attorneys from the Law Offices of Paul A. Humbert, P.L. take a multi-faceted approach to handle complex litigation issues like debt defense law. In many scenarios, this involves advising clients on a wide scope of legal matters.
Wielding a substantial amount of experience in the legal areas where we practice, the Law Offices of Paul A. Humbert, P.L. can cultivate comprehensive solutions that address every client’s unique, individual needs, as well as the objective to ensure optimal and effective representation.
Regardless if our clients experience a lawsuit due to a credit company, debt collector, junk debt buyer, or collection agency, our years of experience come in handy defending against these legal actions. We can additionally assist clients with settling and negotiating debts with collectors and companies. This involves contacting the collection as an advocate on their behalf. We then work towards an agreement that is fair to the client.
Our attorneys understand that dealing with creditors is a troubling endeavor. We additionally have served enough in these cases that we understand the unethical practices that remain in the collection industry.
In these events, our attorneys can help clients overcome these issues in court, or at the negotiating table. For more information on how to utilize debt collection state laws in Miami Beach to overcome a debt issue, contact our firm today.