Owing a debt does not give a creditor or debt collector unlimited license in how they pursue it. Florida law places specific, enforceable limits on debt collection conduct, and Attorney Michael G. Salazar Jr. helps Fort Lauderdale consumers push back when those limits are crossed.
Two Layers of Protection
Florida consumers are protected by both the federal Fair Debt Collection Practices Act and the state’s own Florida Consumer Collection Practices Act (FCCPA), found at Florida Statutes sections 559.55 through 559.785. Notably, the Florida law applies more broadly than its federal counterpart, reaching original creditors as well as third-party debt collectors. A debt collection lawyer fort lauderdale can identify which protections apply to your specific situation.
What Debt Collectors Cannot Do
Under Florida Statute 559.72, prohibited practices include contacting a debtor between 9 PM and 8 AM without permission, using threats or harassment, impersonating a law enforcement officer or government representative, and speaking with a debtor’s employer about the debt without permission before a final judgment has been entered.
What You Can Recover
Consumers who successfully bring a claim under Florida’s debt collection law can recover actual damages, statutory damages of up to $1,000, and reasonable attorney’s fees and costs. Claims generally must be brought within two years of the violation, so timing matters.
The FCCPA Reaches Further Than Federal Law
One of the most significant differences between Florida’s law and its federal counterpart is who it applies to. The federal Fair Debt Collection Practices Act generally applies only to third-party debt collectors, not the original creditor. Florida’s Consumer Collection Practices Act closes that gap, applying its protections to essentially any person or business attempting to collect a consumer debt, including original creditors collecting their own accounts.
Keeping a Record of Contact
Documenting the calls, texts, letters, and any other contact from a debt collector, including dates, times, and what was said, can meaningfully strengthen a claim if those communications cross into prohibited territory. This kind of record is often central to demonstrating a pattern of unlawful conduct.
Being Sued by a Debt Collector
Separate from any claim a consumer may have against a collector for unlawful practices, many consumers also face the reverse situation, being sued directly by a creditor or debt buyer over an unpaid balance. These lawsuits carry their own deadlines to respond, and failing to respond in time can result in a default judgment. If you are both facing collection litigation and have experienced conduct from a collector that seems to cross the line, both issues are worth discussing together with an attorney.
Multiple Debts, Multiple Collectors
It is common for consumers dealing with financial hardship to be contacted by several different collectors representing different debts at the same time, which can make it difficult to keep track of which communications came from which company and whether each one is complying with the law. Organizing this information, even informally, can make a significant difference when it comes time to evaluate whether any of those collectors crossed a legal line.
Frequently Asked Questions
Can a debt collector call me at any time of day in Florida?
No. Florida law generally prohibits debt collection calls between 9 PM and 8 AM without the debtor’s permission. This restriction applies regardless of how many different accounts or debts a collector may be attempting to reach you about.
Can a debt collector tell my employer about my debt?
Generally, no, not without your permission, and not before a final judgment has been entered against you, with limited exceptions such as verifying employment. Contacting an employer about a debt without meeting these conditions can itself be a violation worth addressing.
Does Florida’s debt collection law apply to the original creditor, not just a collection agency?
Yes. Unlike the federal FDCPA, Florida’s Consumer Collection Practices Act applies broadly to any person or business collecting a consumer debt, including the original creditor.
You Do Not Have to Accept Harassment
Owing money does not mean giving up your legal protections, and many consumers do not realize how much power they actually have to push back against unlawful collection tactics. Attorney Salazar helps clients understand exactly where the legal lines are and what options exist when a collector crosses them, so that financial hardship does not also mean tolerating unlawful harassment.
If you are facing unlawful debt collection practices in Fort Lauderdale, contact The Salazar Law Firm at (954) 467-1965 to speak with Attorney Michael G. Salazar Jr. Every consultation begins with a straightforward review of your situation and the communications you have received.
