Fair Debt Collection Practices Act
- McMann, P.A.
- 5 days ago
- 2 min read
Your Rights Under the Fair Debt Collection Practices Act (FDCPA)
Introduction
Are debt collectors calling you non-stop in Polk County, Florida? You’re not alone. Many people facing financial challenges deal with aggressive debt collectors, but you have rights. The federal Fair Debt Collection Practices Act (FDCPA) is a law that protects you from unfair, abusive, or deceptive practices by third-party debt collectors.
Whether you’re in Lakeland, Winter Haven, Bartow, or Davenport, understanding the FDCPA can help you stop harassment and take control.
What the FDCPA Does
The FDCPA applies to debt collectors working for someone else (like collection agencies or debt buyers), not the original creditor (like your credit card company). It covers personal debts, such as credit cards, medical bills, or car loans. Here’s what debt collectors cannot do:
Harass you: No repeated calls, threats, or abusive language.
Lie or mislead: They can’t pretend to be a lawyer or claim you’ll be arrested.
Call at bad times: No calls before 8 a.m. or after 9 p.m. unless you agree.
Contact you at work: If you tell them not to call your workplace, they must stop.
Keep calling after you say stop: If you send a written request to stop contact, they must comply (except to confirm no further contact or notify you of legal action).
Debt collectors must:
Send a written notice within five days of first contact, detailing the debt amount, creditor, and how to dispute it.
Stop collection efforts if you dispute the debt in writing within 30 days, until they validate it.
Real-Life Examples
Example 1: Calls at Work
John from Winter Haven gets multiple calls at his job from a debt collector, even after saying it’s against his company’s policy. This violates the FDCPA, which bans workplace calls if you’ve asked them to stop. John can send a cease-and-desist letter and report the collector to the Federal Trade Commission (FTC).
Example 2: False Debt Claims
Alex in Bartow is contacted about a debt he doesn’t recognize. The collector refuses to provide details and threatens to ruin his credit. The FDCPA requires a written validation notice and bans misleading tactics. Alex can dispute the debt and file a complaint with the Consumer Financial Protection Bureau (CFPB).
How to Protect Yourself
Ask for Debt Validation: Request written proof of the debt within 30 days of first contact.
Send a Cease-and-Desist Letter: Write to the collector to stop contact. Keep a copy for your records.
File a Complaint: Report violations to the FTC or CFPB.
Consider Legal Action: If a collector violates the FDCPA, you can sue for damages, attorney’s fees, and up to $1,000.
Next Steps
If debt collectors are overwhelming you, it might be a sign of bigger financial challenges. Our Polk County law firm can help you understand your rights and explore options like bankruptcy to stop collection efforts.
Contact us for a free consultation to learn how we can assist with filings at the Tampa federal courthouse.
Mark D. McMann
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