Fair Debt Collection Practices Act (FDCPA) and Florida’s Consumer Collection Practices Act (FCCPA)
Harassment from debt collection companies can be very stressful to struggling consumers. The FDCPA (15 U.S.C. §§ 1692 et seq.) provides mandatory procedures and disclosure requirements for debt collection companies and prohibits debt collectors from harassing you. Among other requirements, the FDCPA states that debt collectors must provide their name and the purpose of the communication when contacting consumers. Also, debt collectors must provide you with a notice detailing your rights to dispute and request validation of the alleged debt. The FDCPA allows consumers to recover statutory and actual damages, plus the costs and attorney’s fees.
The FCCPA is Florida’s state law regulating debt collection and has many of the same requirements as the Federal law. However, the FCCPA may apply to original creditors instead of just companies defined as debt collectors. Under the FCCPA, you may be entitled to statutory and actual damages, plus costs and attorney’s fees.
If our office finds a violation of either the FDCPA or FCCPS, we will represent you without requiring any upfront payment for costs or attorney’s fees from you. If you are being contacted by debt collectors, please contact our office for more information.
Fair Credit Reporting Act (FCRA)
More than half of Americans have mistakes and errors on their credit report. Under the FCRA (15 U.S.C. §§ 1681 et seq.), consumers may sue credit reporting agencies and credit information providers for the placement and failure to remove erroneous information on your credit report. Where the misreporting is negligent, you may be entitled to actual damages, plus the costs of the action and attorney’s fees. Where the misreporting is willful, consumers may be entitled to up to $1,000 in statutory damages, actual damages, punitive damages, and costs of the action and attorneys’ fees. If you believe someone has intentionally or negligently posted errors on your credit report, please contact our office for more information.
Telephone Consumer Protection Act (TCPA)
Generally, the TCPA prevents businesses from calling your landline using an automated system where you have no prior business relationship with that business. Concerning cellular phones, the TCPA prohibits automated calls to your cell without prior express consent. The TCPA provides damages on a per-call basis, which adds up very quickly. If you are experiencing unwanted and unsolicited calls to your home or cell, please contact our office for more information.
Being sued by a creditor can feel like a no-win situation. However, there are defenses to suits by creditors, including statute of limitations, prior collection, and other faults many creditors have in the case. Also, creditors must be able to prove they rightfully own the alleged debt, which can be difficult in cases where a debt has been assigned or transferred numerous times. In any event, it is always best to answer any lawsuit filed against you and to assert all defenses you have. We work for you and help you to reach a solution that is best for you, including defending the lawsuit and working to negotiate settlements on your behalf. For assistance in defending a collection lawsuit, please contact our office for more information.
Other Consumer Claims
Our office also investigates and pursues consumer claims arising from bad mortgage modifications, foreclosure fraud, and other issues affecting the rights of consumers. If you believe you have a consumer claim, please settlements on your behalf. For assistance in defending a collection lawsuit, please contact our office for more information.