The calls start before breakfast and keep coming after dinner. The voicemails turn threatening. A collector contacts your neighbor about a debt you’re not even sure you owe. If any of this sounds familiar, you may be experiencing illegal debt collection harassment. Under the Fair Debt Collection Practices Act, debt collectors cannot threaten, deceive, or repeatedly call you to pressure payment. Florida consumers get an additional layer of defense through the Florida Consumer Collection Practices Act, which extends these protections to original creditors. A Florida consumer protection attorney can help you fight back and pursue damages for every violation.
What Does the FDCPA Consider Harassment?
The Fair Debt Collection Practices Act is the primary federal law governing how third-party debt collectors can interact with consumers. It prohibits a wide range of abusive tactics, including:
- Calling more than seven times within a seven-day period about a single debt, or calling within seven days of a previous phone conversation about that debt (under the CFPB’s Debt Collection Rule, effective November 30, 2021)
- Calling before 8 a.m. or after 9 p.m. in your local time zone without your consent
- Using threats of violence, criminal prosecution, or arrest
- Using obscene or profane language
- Publishing your name on a “deadbeat list” or publicly disclosing your debt
- Calling without identifying themselves as a debt collector
- Contacting third parties, such as your employer, family, or friends, about your debt (with limited exceptions)
The FDCPA also prohibits deceptive practices, such as misrepresenting the amount you owe, falsely implying they are attorneys or government agents, or threatening legal action they have no authority or intention to take. These protections apply to personal, family, and household debts, including credit cards, medical bills, student loans, and mortgages.
How Does Florida Law Provide Additional Protection?
Florida’s Consumer Collection Practices Act goes further than the FDCPA in one important way: it applies to original creditors, not just third-party debt collectors. That means the credit card company, hospital billing department, or auto lender trying to collect directly from you must also follow the rules. Under the FCCPA, no person collecting a consumer debt may:
- Impersonate law enforcement or a government representative
- Contact or threaten to contact your employer about a debt before obtaining a final judgment (unless you give written permission)
- Use profane, obscene, or abusive language when communicating with you or your family
- Communicate with you between 9 p.m. and 8 a.m. in your time zone without your prior consent
- Disclose information about your debt to someone who has no legitimate business need for it
- Report a disputed debt to a credit reporting agency without noting the dispute
When state and federal laws conflict, the provision more protective of consumers applies (FDCPA §816). This dual layer of protection gives Florida residents some of the strongest debt collection defenses in the country.
How to Document Debt Collection Harassment
Strong documentation is often the deciding factor in a successful claim. If you believe a debt collector is violating your rights, start building your record immediately:
- Save every letter, email, voicemail, and text message from the collector
- Log the date, time, and content of every phone call, including the caller’s name and company
- Note any contacts with third parties, such as calls to family members, neighbors, or coworkers
- Request debt validation in writing within 30 days of the collector’s first contact
- Keep records of any financial harm the harassment has caused, including missed work, medical expenses from stress, or credit damage
Your records become evidence if you file a complaint or pursue legal action. The more detailed and organized your documentation, the stronger your case.
What Can You Do If a Debt Collector Violates Your Rights?
You have several options if a debt collector crosses the line. First, you can send a written cease-communication letter by certified mail. Once the collector receives it, they can only contact you to confirm they will stop or to notify you of a specific legal action, such as filing a lawsuit.
You can also file complaints with the Consumer Financial Protection Bureau, the Federal Trade Commission, and the Florida Office of Financial Regulation. These agencies track patterns of abuse and can take enforcement action against repeat offenders.
If you choose to sue, the FDCPA allows you to recover actual damages for financial losses, statutory damages of up to $1,000, and reasonable attorney’s fees. You have one year from the date of the violation to file a federal claim. Under the FCCPA, you have two years and may also be entitled to actual damages, statutory damages of up to $1,000, punitive damages, and attorney’s fees.
One important point to remember: Even if a collector violates the law, you may still owe the underlying debt. A successful harassment claim does not erase what you owe. However, it can provide meaningful compensation for the stress and harm the collector caused.
Talk to a Florida Consumer Protection Attorney Today
If debt collectors are harassing you, Lehrman Law can help. With more than 25 years of federal court experience and over $100 million recovered in consumer class actions, attorney Seth M. Lehrman fights for people targeted by illegal collection tactics. Contact Lehrman Law for a free consultation.