Consumers who are overwhelmed with debt are often burdened with a never-ending stream of creditor calls, letters, and harassment at home and at work. There are federal and Florida laws against harassment that debt collectors must abide by, but they are frequently violated, and most consumers are not aware of their rights and don’t know how to stop collector abuse. Fortunately, a credit harassment attorney can utilize the laws that protect consumers from bill collector harassment.
At the Adam Law Group, our Jacksonville creditor harassment and bankruptcy attorneys know that many hard-working and responsible people have been going through difficult financial times, and are consequently faced with frequent creditor harassment. We offer affordable and simple solutions to your financial problems and avoid unnecessary legal fees.
We provide a free, confidential consultation to discuss your individual circumstances, find the best ways to stop creditor harassment, and determine the road back to financial recovery that works best for you. In addition, we may be able to help you recover money damages from creditors who have abused the law.
Delaying can only make your situation worse, so call our friendly and approachable staff today at (904) 329-7249 for your no-obligation case evaluation.
Debt collectors are aware that debtors are likely to be overwhelmed and embarrassed by their situation. Collectors take advantage of this to coerce a debtor into paying by using tactics such as demanding money not actually owed, making threats, contacting friends and family members, or calling at work.
Our attorneys know that debt harassment is illegal, whether in person or through robocalls and robotexts from companies who use automatic dialing equipment or artificial or prerecorded voices. The Federal Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA) and the Telephone Consumer Protection Act are federal and state laws that offer consumers protection against creditor harassment.
The Fair Debt Collection Practices Act. The FDCPA strictly prohibits debt collectors from actions that can be classified as harassing. The law prohibits bill collectors from harassing or abusing you, or doing anything that is unfair or deceptive when they are collecting debts.
Bill collectors must:
If a debt collector does not abide by the guidelines set forth by the FDCPA, they can be accused of creditor harassment. However, the FDCPA applies only to personal and family and household debts, such as credit card debts and car loans and charge accounts, and to debt collectors and certain third-party debt buyers—it does not cover collection activities performed by an original creditor. It does not apply to business debts, and it does not give you the right to avoid your debts. You will still owe your debts unless you do something that not only stops harassment but eliminates what you owe.
The Florida Consumer Collection Practices Act (FCCPA). This act supplements the protections of the FDCPA. Unlike the FDCPA, it also covers original creditors and prohibits both debt collectors and creditors from using abusive, deceptive, and misleading debt collection tactics.
The FCCPA prohibits creditors and debt collectors from engaging in abusive, harassing, unfair, fraudulent, deceptive, or misleading practices. Prohibited activities include communicating directly with you when they know you are represented by an attorney.
The Telephone Consumer Protection Act (TCPA). The TCPA protects you from being called on your cellphone by debt collectors and companies who use an autodialing machine or an artificial or prerecorded voice. These companies are allowed to make these calls only if you have consented to having them call you. The Act imposes fines of $500 to $1,500 per call. Our attorneys can take action to help you recover these fines for each wrongful call.
If a creditor or debt collector harasses you and causes harm in violation of the laws, our attorneys can file a lawsuit in Florida against the collector or creditor. We can recover damages for Florida consumers under both the FDCPA and the FCCPA.
In a successful case, you may be awarded:
When you contact Adam Law Group, we can determine whether a lawsuit is warranted in your situation and proceed with fighting for compensation from harassing debt collectors.
The following are answers to questions our attorneys are often asked:
While federal law doesn’t give a specific limit on the number of calls a debt collector can place, it is considered harassment if they call you repeatedly, intending to annoy, abuse, or harass you or others who share the number.
While calling on Sundays does not automatically violate the FDCPA, it is prohibited if the collector knows that Sunday is inconvenient and not a good day for you to receive collection calls.
You have a right to tell the debt collectors to stop calling you. Our attorneys can help you do this in a way that collectors will take seriously.
In general, you can only permanently stop debt collectors from calling by paying what you owe, working out a debt settlement or consolidation plan, or filing for bankruptcy.
Bankruptcy is a way out of debt that provides an automatic stay provision which goes into effect as soon as you file. This prohibits most creditors from collection activity, such as harassing phone calls, lawsuits, garnishments, repossessions, and foreclosures. While some types of debts cannot be discharged in bankruptcy, others will be eliminated completely or restructured so that you can afford to pay them.
If debt collectors are threatening legal action, you have no time to waste – get help from our creditor harassment attorneys. At the Adams Law Group, our family-oriented staff is always friendly, approachable and judgment-free.
When you contact us, we will take steps to contact the harassing debt collectors and get the harassment to stop. We will examine your debts and income and look for the best ways for you to get out of debt and take steps toward building a better financial future.
Delaying can only make your situation worse, so call our Jacksonville creditor harassment attorneys at the Adams Law Group today at (904) 329-7249 for your free consultation.
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