Illegal debt collection practices include threatening violence, using profane or abusive language, repeatedly calling to harass, calling at prohibited times, pretending to be law enforcement, falsely claiming to be an attorney, threatening arrest, threatening lawsuits the collector cannot or does not intend to file, collecting unauthorized fees, disclosing the debt to third parties, contacting a represented consumer directly, misrepresenting the debt, and using misleading legal documents. Both the federal FDCPA and the Florida Consumer Collection Practices Act prohibit these practices.
Key Takeaways
- Debt collectors may seek payment but must do so lawfully.
- Harassment can involve frequency, timing, language, threats, or the overall pattern.
- Deceptive statements about arrest, attorneys, government authority, or legal action may violate the law.
- Privacy rules generally restrict disclosure of a debt to employers, coworkers, neighbors, and relatives.
- Unauthorized interest, fees, or collection expenses may be unlawful.
- Florida law may apply even when the federal FDCPA's definition of debt collector is disputed.
This article provides general information and is not legal or financial advice. Rights, remedies, communication restrictions, and filing deadlines depend on the collector, type of debt, evidence, applicable statutes, and individual circumstances. Reading this article does not create an attorney-client relationship.
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