The Fair Debt Collection Practices Act (FDCPA) was passed to prevent debt collectors from using abusive, unfair and deceptive methods to collect debt. Such practices represent an invasion of privacy and can lead to unnecessary personal bankruptcies, loss of jobs and marital instability. If you are being unduly harassed by a debt collector, the Florida fair debt lawyer at the Law Offices of Robert W. Murphy, Esq. can help you end the harassment and receive monetary compensation. In cases where the harassment is particularly egregious, the amount of compensation can be substantial.

The Fair Debt Collection Practices Act prohibits all of the following debt collection activities:

  • Harassing, oppressive or abusive conduct
  • Repeated phone calls or calling at unreasonable times
  • Continuing to contact you if the collector knows you have hired an attorney
  • Contacting you at work despite the collector knowing you are not allowed to take calls of this nature while working
  • Contacting employers, relatives, neighbors or any third party (other than your spouse) for information about the debt
  • The use of threats (such as garnishing wages, referring your case to a lawyer, repossessing property or damaging your credit rating) without any intention of actually doing so
  • The use of profane or obscene language
  • Threatening you with violence
  • Continuing to pursue the debt even though it has been properly disputed
  • Sending phony documents or letters that appear to be from a court or government agency
  • Trying to obtain collection fees, taxes or interest charges that exceed, or are not permitted by, your contract or state law
  • Falsely representing herself/himself in order to collect the debt (such as using a fake name or claiming to be a lawyer)
  • Suing you in a court that is located too far from your place of residence
  • The use of false claims to gather information, such as stating that he or she is conducting a study or survey
  • Contacting you despite the fact that you have notified the debt collector in writing to halt all communication
  • Threatening to having you arrested or imprisoned
  • Falsely representing the amount, legal status or character of your debt
  • Requesting you to provide post-dated checks with the goal of prosecuting you if the checks bounce
  • Communicating to you with a postcard

It is important to note that if you notify the debt collector within a 30-day period that the debt is disputed, or you request the name and address of the original creditor, the debt collector is required to cease collection of the debt until he or she obtains verification of the debt or the name and address of the original creditor, and provides you with this information.

If you believe your rights under the Fair Debt Collection Practices Act are being violated, contact our Ft. Lauderdale FDCPA attorney today for an evaluation of your case. We can put an end to the harassment and help you obtain compensation for the harm done to you.