Consumer Law
Legal guidance for individuals facing unlawful debt collection, harassment, or improper robocalls.
People across the country find themselves overwhelmed by aggressive phone calls from creditors, account servicers, and debt collectors. The law prohibits harassment, abuse, and oppressive collection tactics.
Some common warning signs include:
- Multiple calls in the same day or back-to-back calls
- Calls continuing after you asked them to stop
- Threats of arrest or lawsuits
- Calls to your workplace or after you told them you have an attorney
- Telling relatives, coworkers, or others about your debt
- Calls before 8:00 a.m. or after 9:00 p.m.
- Robocalls or automated dialers calling your cell phone without consent
- False credit reporting or misleading statements
If any of this is happening, you may have legal options.
The Laws That May Apply
Florida Consumer Collection Practices Act (FCCPA)
A Florida law that protects consumers from aggressive or abusive collection tactics by creditors, servicers, and collectors.
Fair Debt Collection Practices Act (FDCPA)
A federal law that protects consumers from debt collectors who harass, lie, or threaten people while attempting to collect a debt.
Telephone Consumer Protection Act (TCPA)
A federal law aimed at limiting robocalls and automated dialing to cell phones without consent. Damages can be $500 per call, and in some cases may be increased.
These laws exist to protect consumers while still allowing legitimate debt collection. When collectors or callers ignore the rules, they can be held responsible for damages.
The Laws That May Apply
Florida Consumer Collection Practices Act (FCCPA)
A Florida law that protects consumers from aggressive or abusive collection tactics by creditors, servicers, and collectors.
Fair Debt Collection Practices Act (FDCPA)
A federal law that protects consumers from debt collectors who harass, lie, or threaten people while attempting to collect a debt.
Telephone Consumer Protection Act (TCPA)
A federal law aimed at limiting robocalls and automated dialing to cell phones without consent. Damages can be $500 per call, and in some cases may be increased.
These laws exist to protect consumers while still allowing legitimate debt collection. When collectors or callers ignore the rules, they can be held responsible for damages.
What It Costs?
In many consumer protection cases (FCCPA, FDCPA, TCPA), there is no attorney fee unless we recover. If you win under the FDCPA or FCCPA, the law provides that the consumer may recover costs and reasonable attorney’s fees. TCPA cases often involve damages that support contingency representation as well.
Importantly, it does not matter whether you owe the debt. The issue is whether the collector or caller violated the law in how they contacted you.
You have Limited Time to Act
Deadlines can apply, including:
- FCCPA: 2 years
- FDCPA: 1 year
- TCPA: 4 years
If the calls are ongoing, it’s worth speaking with an attorney sooner rather than later.
What you should do now?
If you’re being harassed, start collecting evidence:
- Keep a call log (date, time, number, what was said)
- Save voicemails and phone messages
- Keep letters and envelopes from collectors
- Take screenshots or photos of caller ID when possible
- Note whether the call sounded automated or used a prerecorded message
If you record calls, be careful. Florida is a two-party consent state, so consent is required before recording.
Also, keep track of who owns the debt. Accounts are often sold to debt buyers, and that can change who is contacting you.
Information Needed – Consumer Law Matters
Clear legal guidance begins with understanding your situation. To evaluate your consumer law claim and determine your legal options, we need the following information:
- A description of how you are being harassed and who is contacting you (debt collector, creditor, collection agency, etc.)
- The dates, frequency, and method of contact (calls, texts, emails, letters, social media)
- Copies of any letters, collection notices, or written communications you have received
- The name of the original creditor and the amount allegedly owed
- Whether the debt is accurate or if you dispute all or part of it
- Whether your credit report contains any mistakes, inaccuracies, or unauthorized accounts
- Copies of your credit report showing any errors
- Any financial harm, stress, or other damages caused by the harassment or inaccurate reporting
This information helps us determine whether your rights under federal and state consumer protection laws have been violated, including laws governing debt collection practices and credit reporting accuracy.
Please document all collection bills, invoices, letters, notices, calls, messages, conversations, and credit reporting so we can review your case and advise you on the next steps.