Consumer Protection

If you are being harassed by debt collectors, Parker & DuFresne, PA may be able to help. Many debt collectors routinely violate consumer protection laws in their attempts to collect debts. Debt collectors do have a right to try and collect on outstanding debts, but they are required do so within the confines of the law. This is true even if you actually owe all or part of the money they are trying to collect.

Debt collectors' actions are limited by several different laws. Two such laws are the Fair Debt Collection Practices Act (the FDCPA) at the national level, and the Florida Consumer Collection Practices Act (the FCCPA) at the state level. Both the FDCPA and the FCCPA prohibit many activities often employed by debt collectors. Prohibited practices include:

  • Simulating a law enforcement officer or government agency;
  • Using or threatening force or violence;
  • Communicating with your employer about the debt without your permission before obtaining a final judgment;
  • Communicating with your or your family with such frequency that it is harassment toward you or your family.
  • Using profane, obscene, vulgar, or abusive language;
  • Claiming, attempting, or threatening to enforce a debt when the collector knows the debt is not legitimate;
  • Pretending to be or giving the impression that the collector is or is associated with an attorney;
  • Refusing to identify himself, his employer, or the entity he represents when you request that he do so;
  • Communicating with you between the hours of 9 pm and 8 am in your time zone without your prior consent; and
  • Communicating with you when the collectors know that you are represented by an attorney with respect to the debt.

When debt collectors violate these laws, you can sue them. Parker and DuFresne, P.A. has successfully sued numerous debt collectors for violating the FDCPA and FCCPA. In a successful suit, you are entitled to up to $1,000 in statutory damages, or your actual damages - whichever is greater, and the collector has to pay your attorney's fees and court costs.

If you are being harassed by debt collectors in violation of consumer protection laws, Parker and DuFresne, PA can help you sue the debt collectors, make the harassment stop, and collect damages for you. Call Parker and DuFresne, PA and make an appointment with one of our attorneys to discuss your situation and your options.

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