Debt collection case: Asset acceptance has contacted me 5 times after 9pm and before 8am in violation of the FCCPA

Under the Florida Consumer Collection Practice Act - am I entitled to seek 1000.00 for each improper phone call? Thanks

West Palm Beach, FL -

Attorney Answers (4)

Sergio Cabanas

Sergio Cabanas

Bankruptcy Attorney - Hollywood, FL
Answered

An attorney should review your case for additional information as certain exceptions may apply, such as if you gave the debt collector permission/instructions to call you during those times. We can evaluate your case for free. Overall it appears you have a case and, if so, we can recover attorney's fees from the debt collector (so you wouldn't have to pay our fees). Good luck.

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Eugene P. Castagliuolo

Eugene P. Castagliuolo

Debt Settlement Attorney - Largo, FL
Answered

I handle FCCPA cases throughout Florida (including WPB) at no out-of-pocket cost to you.

As of the time I provided my answer to your question(s) today, I am NOT your lawyer and you are NOT my client.... more
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Jennifer M Spiegel Colson

Jennifer M Spiegel Colson

Debt Collection Attorney - Pompano Beach, FL
Answered

Not only may you have a claim under the FCCPA but also the FDCPA (The federal law). Make sure to keep a call log or screen shot your phone that shows the number, date and time the call came in. Also make sure to save any messages they may have left. You can contact my office or any attorney at naca.net that handles consumer protection cases.

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Matthew Scott Berkus

Matthew Scott Berkus

Bankruptcy Attorney - Denver, CO
Answered

Then you should use the Find a Lawyer section of this website and find a lawyer in your state to sue.

I am not a FL attorney, but based on the version of the FCCPA I saw, 559.72(17) does say the collector cannot call between 9:00pm and 8:00am. However, there is more to a lawsuit then just that; but go see an attorney in your area that handles debt collection defense (FDCPA) claims to review your options.

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