Written by attorney Thomas Frederick Asbury

Fair Debt Collection Practices FAQ | Know Your Rights!

Prohibited Collection Practices in Florida

The FCCPA forbids debt collectors from participating in abusive, harassing, unfair, fraudulent, deceptive, or misleading practices. Prohibited activities include but are not limited to the following:

• pretending to be a police officer and acting on behalf of a government agency • using or threatening to use force or violence • communicating, or threatening to communicate, with your employer about the debt, unless they have taken a judgment against you • if you have disputed the debt, reporting, or threatening to report, derogatory information about a disputed debt to a credit reporting agency without also disclosing the existence of your dispute • contacting third parties about your debt • harassing you or your family about the debt • contact you between the hours of 9 p.m. and 8 a.m. without your permission • holding themselves out as attorneys, or misrepresenting to you that an attorney is involved (this is also a potential violation of the FDCPA) • sending you communications, such as forms and “summons” designed to look like attorney letters or government documents • using obscene, profane, vulgar, or abusive language when communicating with you or your family • threatening or attempting to enforce an illegitimate debt against you, such as a debt that has expired under the statute of limitations • mailing you documents that contain embarrassing words or phrases on a postcard or envelope, and • communicating directly with you when they know you are represented by an attorney.

Additional resources provided by the author

How to Protect Yourself . . . The Florida Consumer Collection Practices Act (CCPA) forbids creditors and debt collectors from engaging in deceptive, abusive, or misleading debt collection tactics. The CCPA supplements the protections provided by the federal Fair Debt Collection Practices Act.

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