If you are involved in a violation of the Florida Consumer Collection Practices Act (FCCPA) or the Fair Debt Collection Practices Act (FDCPA), don’t feel helpless. A Florida Debt Harassment Lawyer will help you understand your rights.
At Worth & Associates, we are dedicated to assisting you with the best representation for your debt harrassment claim. We have a practice area dedicated in helping people who are harassed by debt and bill collectors. The FCCPA and FDCPA are consumer protection laws that exclusively prohibit any individual or debt collector or debt collection agency from engaging in abusive or badgering conduct when collecting a consumer debt. The FCCPA and FDCPA define the specific actions and conduct that are against the law and the policies that should be followed by the collectors when collecting debts.
An educated consumer or individual should be familiar with the consumer protection law so that you will know your rights and responsibilities as a consumer. When you feel your reputation is being challenged or you are feeling harassed by a debt collector or have received a misleading debt collection letter from them, the FDCPA gives you the opportunity to receive compensation for corrective damages. If you want to take legal action in situations like this, our associated lawyers are here to provide you with an experienced and specialized Florida Debt Harrassment Lawyer.
Every collection representative is required to conform to Section 12 of the FDCPA, which creates a uniform style of letter and content that the debt collector agent is allowed to use. Section 807 states the limitations that debt collectors must stay within and provides examples of over 15 different scenarios that are against the law. Under these collection methods, debt and bill collectors can be fined as much as $1,000 per infringement. The FDCPA makes sure that debt collectors contact the correct person and collect the exact amount through a verification process. Collection agents and agencies are allowed to search for debtors through an elimination process, but this often leads to a mistake when the record reflects the wrong individuals. A simple mistake like this is acceptable, however, unless the mistake becomes a situation where debt collector continues to deal with the wrong person when they have direct knowledge of the mistake. When the debtor has already filed a dispute on the debt and the collection agency still continues to persistently attempt to collect the debt by making threats or through other harsh measures, this method of debt collection has now become something that can be pursued legally.
The FDCPA provides that, once a consumer has filed a dispute, the debt collection agency must cease all contact with you until they comply with Section 809 of the FDCPA by validating the existence of the debt. However, please be aware that, until the debt collector actually receives your dispute in the mail, they are still legally able to pursue all collection efforts against you. Moreover, if your dispute wasn’t filed within 30 days from the date of the harrassment, the debt collector has the right to ignore your dispute.
If you are considering filing a complaint against any debt collector or debt collection agency, it is imperative that you keep a detailed record of all your communications with the collectors. Providing specific instances of letters, harassing voicemails, emails, etc…will greatly aide your case for harassment. It is usually faster for a debt collection agency to confirm a debt in a delinquent account if it is less than four years old; otherwise, validation method becomes more complex. That is because, quite often, the original creditor lost or deleted records if the business has been sold or shut down. Some data on a delinquent account can also be lost if the debt has been sold or resold on the junk debt circuit. Keep all of these records together so that you can present them at the appropriate time.
It is important to learn your rights as they pertain to debt collection harassment. Even if no money is owed, a violation happens if in any manner pertaining to consumer debt, an individual has been harassed or rebuked.
If you feel you are the victim of a debt collection harassment nightmare, please contact a Florida Personal Injury Lawyer at our firm today for a Free consultation.