Debt Collection Laws Protect Consumers from Third Party Disclosure

Posted on: August 14, 2018
debt collection laws

The Florida Consumer Collection Practices Act (“FCCPA”) restricts debt collectors and creditors from abusive, deceptive, or misleading debt collection strategies.

Rules to the FCCPA coincide with the federal Fair Debt Collection Practices Act (“FDCPA”) which prohibits debt harassment in the United States.

Creditors are prohibited from reporting information about a disputed debt with one of the three credit reporting agencies to third parties.

If you are being harassed by creditors, an attorney at law specializing in unscrupulous debt collection practices can help protect you from irreparable damage.

Fair Debt Collection Practices Act

The FDCPA provides federal guidelines setting limits on debt collector actions.

If a debt collector is in the process of attempting to collect a consumer owed debt, the FDCPA denies the use of any tactics that share that credit information with third parties.

Debt collection strategies in violation of a debtor’s right to protection of their legal identity from misrepresentation and disclosure of personal financial information are strictly prohibited under federal law.

Florida Debt Collection Laws

The FCCPA protects consumers from abusive debt collection practices, including those tactics identified to be in violation of the state’s criminal code and tort negligence laws.

Illegal debt collection practices include attempts to collect debt by communicating or harassing a debtor’s family, friends, or employer; or by way of impersonation of an attorney or police officer acting on behalf of a government office.

Assigned Debt Obligations

Debt buyers of charged-off accounts are equally subject to FCCPA guidelines. Florida law allows for reassignment of existing debt.

The collection of assigned debt by another creditor than the original party named on a credit or lending agreement, is entitled to pursue monies in exchange for the assumed debt.

In Florida, a debt buyer must give the debtor an at least a 30-day notice of the reassignment prior to collection attempts.

Harassed by a Debt Collector?

The Florida Statute of Limitations for debt collection is five years.

Debts may be listed on a consumer’s credit report for up to seven years under state law. Creditors are restricted from contacting a debtor between the hours of 9 pm and 8 am without the express permission of the call recipient.

If you have a robo-call harassment complaint about a debt collector, an attorney at law experienced in injunctive relief motions can assist you in blocking their call while filing a debt harassment complaint in court.

Florida Debt Collection Laws Attorney

FL Legal Group is a licensed Florida attorney practice specializing in consumer protection law and tort litigation.

Call (813) 221-9500 or click here to contact FL Legal Group to schedule a consultation about a debt related matter, or to file a debt collection harassment claim.

References

Federal Trade Commission, Debt Collection FAQs (Last visited, July 5, 2018), https://www.consumer.ftc.gov/articles/debt-collection-faqs

Lane, Stephanie, Florida Consumer Collections Practices Act, Nolo (Last visited, July 5, 2018), https://www.nolo.com/legal-encyclopedia/florida-consumer-collection-practices-act.html

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Author: FLLegalGroup
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