Debt Harassment and the Florida Consumer Collections Practices Act
July 12, 2012 By McCue Law
Florida Statutes (2011) §§559.55-559.785, also known as the Florida Consumer Collections Practices Act, is designed to help protect consumers from illegal practices by collection agencies. Those who violate these laws could be held criminally as well as civilly responsible.
In one year, there were over 90,000 bankruptcy filings in the State of Florida. Currently, the state ranks number 12 in the amount of bankruptcy cases per capita. Approximately one-quarter of these cases were Chapter 13 bankruptcy and the remaining three-quarters were Chapter 7. The entire country is governed by the Fair Debt Collection Practices Act, a federal act. However, Florida has an additional statute in place to protect consumers from harmful the business practices used by collection agencies. This act does not limit the federal act, but rather acts as a supplement which brings more assistance to debtors.
The Florida Consumer Collections Practices Act first states that collection agencies are not allowed to be started without first registering with the office and reapplying every year. They will have to pay a $200 fee and will later be informed whether or not their application was accepted or rejected. If their registration was rejected, they will be informed as to why this was so. If it is later discovered that false information was given regarding the registration of the business, the registration will be voided. Part of being a registered company is to maintain accurate and thorough records regarding their transactions. They may be asked to show these records at any time in order to ensure that everything in fair and legal. Not only this, but the records must be kept for at least three years following the transaction.
The act then goes on to give information regarding out-of-state consumer debt collection agencies. If they attempt to collect debts in a way which violates this act, they could be fined up to $10,000 as well as pay any court fees or attorney fees which resulted. It also gives information regarding prior warnings which must be given before the debt can be collected. The debt collection agency is required to give the debtor 30 days of warning in a written notice before coming to collect the debt.
What are the specific types of debt collection practices which are prohibited in the Florida Consumer Collections Practices Act? First of all, the use of violence or even threats of violence is prohibited as well as making the debtor believe that they are a government official or law enforcement officer. Threatening to tell others about the individual’s failure to pay their debt, such as their employer, is also against this act. Harassment is another practice prohibited in this act and includes incessant phone calls or notices regarding the debt, especially if the individual has requested that the phone calls cease. Other collection agencies may use abusive, insulting, or profane language in order to threaten them into paying their debt. Those who are victims of such treatment should notify the authorities. In some cases, not only is the abuse stopped, but the victim can file a lawsuit against the collections company.
ABOUT THE AUTHOR: McCue Law Firm
McCue Law Firm is a team of professionals who is dedicated to protecting those who have found themselves trapped by debt and do not know where to turn for help. Their firm has years of experience in standing up for people throughout the Fort Lauderdale area and will do everything in their power to help them get free of debt and collector harassment. Please do not hesitate to contact their office for a free case evaluation or visit their website for helpful information regarding this issue.
Copyright McCue Law
More information about McCue Law
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
The Florida Consumer Collections Practices Act first states that collection agencies are not allowed to be started without first registering with the office and reapplying every year. They will have to pay a $200 fee and will later be informed whether or not their application was accepted or rejected. If their registration was rejected, they will be informed as to why this was so. If it is later discovered that false information was given regarding the registration of the business, the registration will be voided. Part of being a registered company is to maintain accurate and thorough records regarding their transactions. They may be asked to show these records at any time in order to ensure that everything in fair and legal. Not only this, but the records must be kept for at least three years following the transaction.
The act then goes on to give information regarding out-of-state consumer debt collection agencies. If they attempt to collect debts in a way which violates this act, they could be fined up to $10,000 as well as pay any court fees or attorney fees which resulted. It also gives information regarding prior warnings which must be given before the debt can be collected. The debt collection agency is required to give the debtor 30 days of warning in a written notice before coming to collect the debt.
What are the specific types of debt collection practices which are prohibited in the Florida Consumer Collections Practices Act? First of all, the use of violence or even threats of violence is prohibited as well as making the debtor believe that they are a government official or law enforcement officer. Threatening to tell others about the individual’s failure to pay their debt, such as their employer, is also against this act. Harassment is another practice prohibited in this act and includes incessant phone calls or notices regarding the debt, especially if the individual has requested that the phone calls cease. Other collection agencies may use abusive, insulting, or profane language in order to threaten them into paying their debt. Those who are victims of such treatment should notify the authorities. In some cases, not only is the abuse stopped, but the victim can file a lawsuit against the collections company.
ABOUT THE AUTHOR: McCue Law Firm
McCue Law Firm is a team of professionals who is dedicated to protecting those who have found themselves trapped by debt and do not know where to turn for help. Their firm has years of experience in standing up for people throughout the Fort Lauderdale area and will do everything in their power to help them get free of debt and collector harassment. Please do not hesitate to contact their office for a free case evaluation or visit their website for helpful information regarding this issue.
Copyright McCue Law
More information about McCue Law
View all articles published by McCue Law
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
