Your Rights & Protections

Last Updated: Monday, July 25, 2016

Introduction

You may be facing financial difficulties due to market changes from a job loss or from excessive medical expenses or simply taking on to many debts. Whatever the cause, such financial difficulties often lead to repeated calls from creditors to collect. Many consumers do not know that there are laws in place and that you have rights and legal protections to help protect you from harassing behavior of creditors. These laws include:

Fair Debt Collections Practices Act (FDCPA)

The federal Fair Debt Collection Practices Act prevents a host of unfair debt collection actions by creditors that largely seek to prohibit three categories of actions: harassment and abuse; false or misleading representations; and unfair practices. There are financial remedies available for consumers subjected to practices by creditors that violate the FDCPA.

Florida Consumer Collection Practices Act (FCCPA)

The Act provides 19 different types of collection practices that are prohibited including strong-arm tactics to collect debt. This Act is broader than the FDCPA as it applies to creditors and debt collectors.

Practices include but are not limited to:

  • Pretending to be a government official;
  • Threatening violence;
  • Threatening to make non-consensual disclosures to the debtors employer.

Telephone Consumer Protection Act (TCPA)

Persistent phone calls have historically been one of the most common means of attempting to collect a debt and one of the most commonly abused means. The harassment rose to a new level when robocalls, which are automated, prerecorded phone calls to consumers, came onto the debt collection scene.

The TCPA seeks to vigorously crack down on the abusive practice. Debt collectors that make impermissible robocalls to consumer cell phones to collect a debt are liable to the consumer for $500 per call -- or if the action was willful, $1,500 per call.

At our Bankruptcy Law Office, we actively and aggressively pursue these claims.

Please call us to schedule your appointment for a Free Bankruptcy Consultation at one of our two conveniently located bankruptcy law offices either in Fort Lauderdale or Gainesville.