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Unfair Debt Collection


Steve Watrel, P.A.
6129 Atlantic Blvd.
Jacksonville, FL 32211

Local Phone: (904) 723-0030
Toll Free: (800) 792-8735

Unfair and Deceptive Debt Collection Cases

The law firm of Steve Watrel, P.A. believes in a consumer’s right to fair and legal debt collection. Unfortunately, some debt collectors continue to violate the law by using illegal methods to collect consumer debts. Having to deal with a debt collector can be a nightmarish experience for many. It is important for a consumer to know his or her rights when dealing with a debt collector. Debt collection in the United States is highly regulated by federal and state law.

The federal Fair Debt Collection Practices Act (known as the FDCPA), and the Florida Consumer Collection Practices Act (known as the FCCPA), define the guidelines for fair and legal debt consumer debt collection. These laws define the rights of consumers and the penalties for violation of these rights by debt collectors. Debts covered by the FDCPA and the FCCPA are those debts which arose from transactions primarily for “personal, family or household purposes.” Business or commercial debts are excluded as are some other types of debts.

Under the FDCPA, a non-exclusive list of illegal collection activities is as follows:

1. A debt collector may not use any language or conduct that would be considered harassment or abuse of the consumer. This includes:
   
   a.The use or threat of use of violence or other criminal means to harm the consumer or their property;
   
   b.The advertisement for sale of any debt to coerce payment;
   
   c.The publication of a list of consumers who allegedly refuse to pay debts;
   
   d.The use of obscene or profane language, or
   
   e.Continuous or repeated telephone calls;
   
   
2. Contact a consumer without clearly identifying himself or herself;
   
   
3. Make any false or misleading statements or claims to consumers to collect consumer debt. This includes the following:
   
   a.False identification;
   
   b.Implication of a crime, and
   
   c.Misrepresentation of any characters or paperwork; or
   
   
4. Use unfair or unconscionable means to collect or attempt to collect debts. This includes the following:
   
   a.Collecting any amount greater than the debt owed,
   
   b.Illegally taking or repossessing any properties or belongings, c.Forcing consumers accept collect calls, or
   
   d.Unless given notice, collectors may not deposit a post-dated check more than five days before the date on the check.
   
   

The FCCPA greatly overlaps the federal FDCPA in many ways. Under the FCCPA, a non-exclusive list of illegal collection activities is as follows:

1. Simulate in any manner a law enforcement officer or a representative of any governmental agency;
   
   
2. Use or threaten force or violence;
   
   
3. Tell a consumer who disputes a consumer debt that they will disclose to another information affecting the consumer’s reputation for credit worthiness without also informing the consumer that the existence of the dispute will also be disclosed;
   
   
4. Communicate or threaten to communicate with a consumer’s employer prior to obtaining a final judgment against the consumer, unless the consumer gives his or her permission in writing to contact his or her employer;
   
   
5. Willfully communicate with the consumer or any member of his or her family with such frequency as can reasonably be expected to harass the consumer or his or her family, or willfully engage in other conduct which can reasonably be expected to abuse or harass the consumer or a member of his or her family;
   
   
6. Claim, attempt, or threaten to enforce a debt which such person knows the debt is not legitimate or assert the existence of some other legal right when such person knows that the right does not exist;
   
   
7. Communicate with a consumer under the guise of an attorney by using the stationary of an attorney or forms or instruments which only attorneys are authorized to prepare;
   
   
8. Use a communication which simulates in any manner legal or judicial process or which gives the appearance of being authorized, issue or approved by a government, governmental agency, or attorney at law, when it is not;
   
   
9. Publish or post, threaten to publish or post, or cause to be published or posted before the general public individual names or any list of names of consumers, commonly known as a deadbeat list, for the purpose of enforcing or attempting to enforce collection of a consumer debt;
   
   
10. Refuse to provide adequate identification of himself or herself or his or her employer or other entity whom he or she represents when requested to do so by a debtor from whom he or she is collecting or attempting to collect a consumer debt;
    
    
11. Communicate with the consumer between the hours of 9 p.m. and 8 a.m. in the consumer’s time zone without the prior consent of the consumer; or
    
    
12. Communicate with the consumer if the person knows that the consumer is represented by an attorney with respect to such debt and has knowledge of it.

If you believe that a debt collector has violated your rights, you may have the right to bring a lawsuit for actual and statutory damages.

Steve Watrel, P.A. handles fair debt collection cases on a contingent fee basis meaning that our law firm fronts all up-front costs on your behalf and is only paid attorney’s fees if we win your lawsuit. If we win your lawsuit, you have the right to be compensated for actual damages suffered by you as a result of the violations plus statutory damages of up to $ 1,000.00.

Because there is a short statute of limitations in fair debt collection cases, it is critical that you call a lawyer as soon as possible. Otherwise, you may jeopardize a potential recovery. Under the federal Fair Debt Collection Practices Act (FDCPA), there is a one-year statute of limitations meaning that you have one year from the date of the violation(s) to file your lawsuit for damages.

If you believe you or a loved has been the victim of unfair or deceptive debt collection practices, please call Steve Watrel, P.A. at (904) 723-0030, or (800) SWATREL (792-8735), or submit an online request. The initial consultation is free of charge and there is no obligation.