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Florida Consumer Protection Attorneys

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Are debt collectors calling you at odd hours of the day or night? You do not have to tolerate the constant disturbance and humiliation. Florida’s consumer protection laws protect consumers against harassment by lenders through unfair debt collection practices. Debt collection agencies and creditors could go to great extents to have you pay  debts.  Sometimes, debt collectors may go as far as contacting your employers to have your wages garnished to pay debts, or even expose your debts to your family and friends, causing you undue embarrassment.

Most people are not aware that Florida law prohibits such extensive and unfair debt collection practices. Numerous misconceptions and myths surround what debt collectors can or cannot do while collecting debts from consumers. At Shrader Law, PLLC, we understand that debt collection agencies’ and creditors can cause constant disturbance that could take a toll on your life. Our experienced consumer protection attorneys will shield you from harassment by creditors.

Regulation of Debt Collection Practices in Florida

Two major laws regulate debt collection practices in Florida. The FDCPA (Fair Debt Collection Practices Act) and FCCPA (Florida’s Consumer Collection Practices Act). The FDCPA, a federal law, outlines the methods and actions that debt collection agencies can use and those that they cannot. According to this act, debt collectors have no right to discuss your debt with third parties. Third parties can include your family members, friends, colleagues, or employers, among others. If your creditor has violated your rights by disclosing your debt information to third parties, Shrader Law, PLLC can advise you on the best course of action.

The FDCPA also prohibits creditors and debt collectors from calling debtors at their places of work. According to this law, debt collectors should not engage in any tactic or action to harass, mislead or abuse a person to make them pay a debt.

Our Tampa consumer protection attorneys understand all the provisions of FDCPA and follow the act to protect your legal rights.

Provisions of FCCPA

The FCCPA (Florida’s Consumer Collection Practices Act) supplements the FDCPA. However, FCCPA is more comprehensive and provides more protection to consumers. Unlike FDCPA, which does not apply to original creditors, FCCPA regulates original creditors. No one should have to bear the abusive tactics employed by creditors and debt collectors.

Illegal Debt Collection Practices in Florida

It is important to understand your consumer protection rights to avoid unlawful harassment by debt collectors and other agencies. If you suspect a violation of your consumer rights, you should contact Shrader Law, PLLC immediately. We will evaluate your case and determine whether to sue the violators. Creditors and debt collectors may violate your rights if they engage in any of the following actions:

  • Continuing to contact a debtor after the debtor has told them to stop calling or that you cannot afford to pay.
  • Impersonating a representative of the government or a law enforcement officer.
  • Using violence, threatening tone, or force if a debt is not paid.
  • Giving loan details to the debtor’s employer or threatening to give details to the employer.
  • Giving or threatening to give derogatory information to consumer agencies after a debt dispute without informing the agencies that the debt has been disputed.
  • Disclosing debt details to third parties.
  • Contacting debtors at odd hours like late at night or very early in the morning without the debtor’s consent.
  • Harassing or disturbing the debtor’s family members about the outstanding debt.
  • Lying to a debtor that they have contacted an attorney or misrepresenting themselves as attorneys to the debtor.
  • Making it hard for debtors to defend themselves by filing lawsuits in the wrong jurisdiction.
  • Using profanity, abusive, or vulgar language while speaking with debtors.
  • Sending debt documents through the mail with embarrassing statements on the envelope.
  • Contacting the debtor directly despite knowing that the debtor has legal representation.

If a creditor or debt collection agency has engaged in any of the conducts outlined above, you should immediately contact our Shrader Law, PLLC consumer protection attorneys. Our attorneys understand the law and will defend you against unfair treatment by debt collectors and creditors.

Filing a Consumer Protection Lawsuit

When debt collectors and creditors violate the law, you can file a lawsuit against them with your Shrader Law, PLLC consumer protection attorney. A lawsuit may achieve more than just  prohibiting creditors and debt collectors from contacting and harassing you.

After filing a lawsuit, you can receive statutory damages not exceeding $1,000. The judge may also decide to award you punitive damages. You may also be able to recoup court costs and attorney fees after filing a lawsuit.

Our consumer protection attorneys can also help you file a lawsuit under federal law if debt collectors are involved. FDCPA only covers debt collectors; it does not regulate creditors. Therefore, as long as the violation involves a debt collection agency, you can file a consumer protection lawsuit under federal law. If a creditor is harassing you, our consumer protection attorneys can help you file a lawsuit under state law in the FCCPA.

Florida’s Office of Financial Regulation

If creditors or debt collection agencies violate the law, consumers may also file a complaint at the office of financial regulation in Florida. This office will put the complaint in its records. Additionally, they will analyze the said creditor or debt collection agency to identify illegal or unfair practices. Suppose it is evident that the debt collection agency or the creditor is violating the law. In that case, the office may conduct its investigation and then take the necessary legal action to protect consumers.

Our attorneys at Shrader Law, PLLC, can help you file a complaint with the Office of Financial Regulation.  With the help of our Tampa consumer protection attorneys, you can file the complaint online. This will involve creating an account and submitting documents to support your claim.

Contact a Dependable Consumer Protection Attorney

You do not have to stay up at night or have creditors and debt collectors harass you due to unpaid debts. If creditors or debt collectors are harassing you or using profane language while recovering a debt, there is a way out.  We have filed thousands of lawsuits against creditors and debt collectors in Florida. Our attorneys have a deep understanding of Florida’s consumer protection laws. We will review your case, identify violations, and pursue the responsible creditors or agencies. Contact our competent consumer protection attorneys as soon as possible. You do not have to live with abusive tactics from creditors and debt collection agencies.

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