Fair Debt Collection Practices Act

The Federal Debt Collection Practices Act (FDCPA) is the primary law that protects Florida consumers from unscrupulous debtors and debt buyers. Often these greedy corporations believe that they can bully consumers. One-sided contracts, ineffective products, and accelerated adverse actions all rely on consumers not knowing your rights and being fearful of engaging with the legal system—and companies that use these tactics are often aggressive in pursuing the money they claim you owe them. The FDCPA is designed to protect consumers from this harassment.

An unfortunate pair of recent decisions by the United States Supreme Court substantially watered down the protections in the FDCPA. Because of these decisions, many unscrupulous companies have become even more aggressive than ever.

However, the primary FDCPA protections still apply. By law, debt collectors cannot do things like:

  • Impersonate or imply a connection with courts or law enforcement
  • Collect debts without written authorization from the original creditor
  • Use abusive language
  • Contact employers or friends without your permission
  • Use robo-calling equipment to call your cell phone
  • Contact you at times they know to be inconvenient

Meanwhile, Floridians have an additional layer of protection in the Florida Consumer Collection Practices Act. The FCCPA is basically a state version of the FDCPA.

The People’s Advocate often resolves debt collector harassment issues with just a letter or phone call. Much like schoolyard bullies, many of these companies are all talk. Once someone stands up to them, they cave in quickly. Debt buyers know that we are more than willing to go to court to protect your rights, so we often obtain favorable settlement terms.

Debt Collection Lawsuit Defense

However, if your consumer dispute must go to court, we at The People’s Advocate are prepared to go to the mat for you.

Most creditors file lawsuits very quickly. If the amount is less than $10,000, they often file these actions in justice court, where many rules of evidence do not apply.

We respond to these lawsuits immediately, so you do not lose important rights. Then we serve as a strong voice for you in pretrial hearings. During discovery, we collect facts that help your claim and seek ways to derail the plaintiff’s case. Our diligent efforts usually resolve these disputes quickly and on favorable terms.

If you’re experiencing any debt collection harassment in Broward County or a nearby jurisdiction, get in contact with us to arrange a FREE Information Session with an experienced attorney. We level the playing field between big corporations and families like yours. It is amazing what a difference just one aggressive and experienced advocate can make.

Knowledge is power. Know your rights.