Florida Debt Collection Law Is Broader Than The Fdcpa

The Fair Debt Collection Practices Act (FDCPA) allows residents of all states with considerable rights and protections against abusive, illegal and fraudulent debt collection practices by debt collectors. Some of the debt collection practices restricted by the FDCPA include using obscene language, lying and calling a debtor at work if the debt collector knows the employer disapproves. A debt collector should not disclose the debt to others such as friends, family members or co-workers.

A debt collector, as defined in the FDCPA, is anyone who regularly collects debts for original creditors. Original creditors, such as credit card companies and banks, are not considered debt collectors when they attempt to collect debts owed directly to them. Therefore, original creditors are not covered under the FDCPA.

The FDCPA covers only consumer debt, which includes personal, family and household debt, but not business debt or any debt incurred for business purposes. Common types of consumer debts are credit card debt, automobile loans, home loans, utility bills and medical debt.
The Florida legislature enacted supplementary state laws (Fla. Stat. 559.55 - .785) to the federal Fair Debt Collection Practices Act (FDCPA 15 USCA 1692 et seq.). The state statutes supplement the FDCPA by providing additional protections to Florida consumers.

Florida law is broader than the FDCPA as it also applies to "creditors" and not just to "collectors. Further, Florida law prohibits debt collectors from indulging in various types of misrepresentation, unreasonable publication of debtor lists, unreasonable contact with third parties (including employers) about the debtor and threatening or harassing communications (Fla. Stat. 559.72).

In addition, the Florida statutes, in specified instances, provide consumers with a private cause of action against debt collectors who violate the state's statutes by giving consumers the right to sue offending debt collectors. Moreover, the state statutes provide for the award of punitive damages, at the judge's discretion, and for the award of attorneys' fees to a consumer should that consumer be successful enforcing his or her rights under the state's statute.

Florida has very specific guidelines regulating what debt collection agencies can and cannot do when attempting to collect unpaid debts. Debt collectors cannot:

* Misrepresent a law enforcement officer or representative of the government.
* Use or threaten to use violence.
* Communicate or threaten to communicate with a debtor's employer prior to obtaining a final judgment against the debtor.
* Threaten to garnish wages without the final judgement against the debtor.
* Unjustifiably disclose to a person other than the debtor or the debtor's family information affecting the debtor's reputation.
* Harass the debtor or the debtor's family with frequent communication.
* Use profane, obscene, vulgar, or abusive language.
* Mail any communication in window envelope to embarrass the debtor.
* Communicate with a debtor during inconvenient times.