The Florida Consumer Collections Practices Act (FCCPA) is a law that protects consumers from unfair, deceptive, and abusive debt collection practices. The FCCPA applies to both third-party debt collectors and original creditors.
Third-party debt collectors are companies that buy debts from original creditors and then try to collect the debts from the consumers. Original creditors are the companies that originally loaned the money to the consumers.
The FCCPA prohibits debt collectors from engaging in a number of practices, including:
- Calling consumers at inconvenient times or places
- Using abusive or threatening language
- Making false or misleading statements
- Attempting to collect debts that are not owed
- Garnishing wages without a court order
The FCCPA also gives consumers certain rights, including the right to dispute debts and the right to be informed of their rights under the law.
If you believe that a debt collector or creditor has violated the FCCPA, you can file a complaint with the Florida Attorney General’s Office. You can also file contact us at The Russo Law firm so that we can file a lawsuit against the debt collector or creditor.
Here are some examples of violations of the FCCPA:
- Calling a consumer at 2:00 AM
- Threatening to arrest a consumer if they do not pay their debt
- Making false statements about the amount of debt owed
- Garnishing a consumer’s wages without a court order
If we file a lawsuit against a debt collector or creditor, then you may be able to recover damages, including actual damages, statutory damages, and attorneys’ fees.
Actual damages are the amount of money that you lost as a result of the debt collector’s violation. Statutory damages are a set amount of money that is awarded to consumers who are injured by debt collectors’ violations ($1,000.00). Attorneys’ fees are the amount of money that you pay to your attorney to represent you in your lawsuit. We do not charge our clients upfront for our fees, but rather allow you to assign the recovery of any attorney’s fees to our firm so that you do not have to pay any fees to our firm out of pocket. What that means is that we take on more risk for your benefit, because if we do not win your case, then we do not get paid.
The FCCPA is a powerful tool that can help you protect yourself from unfair, deceptive, and abusive debt collection practices. If you believe that a debt collector has violated the FCCPA, you should contact the Florida Attorney General’s Office and/or file a lawsuit in Florida court.