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Harassment by a Debt Collector

Some actions by debt collectors are harassment, even when you owe money. Florida consumer protection lawyers may be available to help you if you experience harassment. Below, we look at harassing behaviors a debt collector may use and the laws that protect you.

Harassment by a Debt Collector

Practices by a Debt Collector that are Harassment

Harassment by a debt collector is defined by the Fair Debt Collection Practices Act (FDCPA) (Pg. 2) as the following acts:

  • Using or threatening to use violent or other criminal acts to harm your reputation, property, or physical person
  • Speaking or writing language that is abusive to you because of its profane or obscene nature
  • Publishing a public list of individuals who owe a debt unless they meet the federal requirements to do so
  • Failing to identify themselves as a collector except as allowed by law
  • Advertising your debt as for sale to intimidate you into paying
  • Continually calling or allowing your phone to ring continually in an attempt to collect money

Many predatory actions equal harassment and require the help of a Florida debt defense lawyer. Document any action with a debt collector to support your claim. 

Florida Laws Protecting Consumers From Harassment by a Debt Collector

The Consumer Collection Practices Act allows Florida residents to file civil actions against debt collectors who use harassment to collect a debt. You have the right to respectful treatment. If you experience harassment because of a debt, take these steps:

  • Keep a record of the dates, times, and individuals you speak with about a debt, along with a description of the conversation
  • Do not apologize or admit that you owe the debt, refrain from sharing personal information, and limit your statements to avoid a debt collector using them against you
  • Submit a harassment complaint to the Consumer Financial Protection Bureau

Because debt collectors may assert authority over individuals, communicating with a debt collector without compromising your rights can be complex. Working with experienced Florida debt defense attorneys provides you with the support and confident guidance you deserve. 

Potential Damages You May Receive Due to Debt Collector Harassment

Debt stress is common. We offer these ten important tips to handle debt stress. However, harassment is against the law. Filing a civil action for the following damages to you may be possible:

  • Economic costs to you as a result of harassment
  • Noneconomic costs to you, such as emotional harm
  • Injunctive relief requiring a debt collector to stop the harassment
  • Legal costs 

In rare instances, punitive damages in Florida may be available when a debt collector’s misconduct is intentional, even after they are aware that their actions are wrong or their conduct qualifies as gross negligence.

When to Contact a Florida Consumer Protection Attorney

These actions by a debt collector should raise awareness that you may be experiencing harassment. Do not engage in combative actions against a debt collector or retaliate in any way. You may be experiencing harassment if:

  • A debt collector calls after 9 pm or before 8 am
  • They contact a family member to discuss your debt
  • A debt collector threatens to sell your home or other property
  • A debt collector discusses your debt with your employer

If you suspect a debt collector’s actions are harassment, seek legal advocacy immediately. Florida consumers have state and federal protection. Let us help you navigate the legal process in Florida and combat harassment by a debt collector.

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