Florida Consumer Collection Practices Act in Palm Beach County

The F.C.C.P.A. is a Florida law which provides similar but not necessarily identical requirements to the F.D.C.P.A. For example, the Florida law applies to collectors and creditors. Also, it lists the following specific prohibited actions for collectors:

a. Simulate being a law enforcement officer or a representative of a governmental agency;

b. Use or threaten to use force or violence;

c. Tell a consumer who disputes a debt that the collector will disclose to another information affecting the debtor’s reputation for creditworthiness without also informing the debtor the existence of the dispute will also be disclosed;

d. Communicate or threaten to communicate with a consumer’s employer before obtaining a judgment unless the debtor gives written permission to contact the employer or acknowledges in writing the existence of the debt after the debt has been placed for collection, though this shall not prohibit a person from telling the debtor that his employer will be contacted if a final judgment is obtained.

e. Disclose to a person other than the debtor or family information affecting the debtor’s reputation, whether or not for creditworthiness, with knowledge or reason to know the other person does not have a legitimate need for the information or the information is false;

f. Disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing that fact;

g. Willfully communicate with the debtor or any member of his family with such frequency as to be expected to harass them, or willfully engaging in other conduct which can reasonably be expected to abuse or harass debtor or any member of debtor’s family;

h. Use profane, obscene, vulgar, or willfully abusive language in communicating with the debtor or any member of his family;

j. Claim, attempt, or threaten to enforce a debt while knowing the debt is not legitimate or assert existence of some other legal right when such person knows the right does not exist;

k. Falsely use communication simulating legal or judicial process or giving appearance of being authorized, issued, or approved by a government, governmental agency, or attorney at law, when it is not;

l. Communicate with a debtor under the guise of an attorney by using stationery of an attorney or forms or instruments which only attorneys are authorized to prepare;

m. Morally communicate with a debtor as to give the false impression or appearance that such person is or is associated with an attorney;

n. Advertise or threaten to advertise for sale any debt as a means to enforce payment except under court order or when acting as assignee for the benefit of a creditor;

o. Publish or post, threaten to publish or post, or cause to be published or posted before the general public names or list of names of debtors, commonly known as a deadbeat list, to enforce or attempt to enforce collection of consumer debts;

p. Refuse to provide adequate ID or name of employer or other entity when requested to do so by a debtor from whom he is collecting or attempting to enforce collection of consumer debts;

q. Mail any communication to a debtor in an envelope or postcard with words typed, written, or printed on the outside of the envelope or postcard calculated to embarrass the debtor. An example of this would be an envelope addressed to “Deadbeat, John Doe.”

r. Communicate with the debtor between the hours of 9 p.m. and 8 a.m. in the debtor’s time zone without prior consent of the debtor.

The State and Federal Laws are here to protect you and your rights. Don’t delay taking action; time is not on your side! Call Mr. Lampert now to schedule your complimentary consultation.