Stopping Creditor Harassment

Aggressive collection tactics are unlawful under two important statutes: the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., which applies to most third-party debt collectors and debt buyers; and the Florida Consumer Collection Practices Act (FCCPA), Chapter 559, Part VI, Florida Statutes, which applies to both third-party collectors and the original creditors. Together these statutes give Miami consumers real tools to stop abusive collection and to recover damages and attorney's fees when collectors cross the line.

What the FDCPA and FCCPA Prohibit

• Calling before 8:00 a.m. or after 9:00 p.m. local time
• Calling repeatedly with intent to annoy, abuse, or harass
• Continuing to call after written request to stop (FDCPA) or after notice that the consumer is represented by counsel
• Calling a consumer at work after being told the employer prohibits such calls
• Communicating with third parties about the debt (other than to locate the consumer)
• Threatening lawsuit, arrest, garnishment, or other action the collector cannot legally take or does not intend to take
• Misrepresenting the amount or legal status of the debt
• Using profane or abusive language
• Failing to send written validation of the debt within five days of the first contact
• Collecting amounts not authorized by the underlying contract or statute

Remedies Available to Consumers

The FDCPA provides for:

• Actual damages – out-of-pocket losses and emotional-distress damages
• Statutory damages up to $1,000 per case
• Reasonable attorney's fees and costs paid by the violating collector (the consumer does not pay legal fees out of pocket)

The FCCPA provides similar remedies, with statutory damages up to $1,000 per case and recoverable attorney's fees. Many cases are brought under both statutes simultaneously.

Stopping the Calls Quickly

Several tools can stop the calls within days:

• Written cease-communication request under the FDCPA – the collector must stop all communication except to notify of certain limited actions
• Notice of representation by counsel – the collector must communicate only with your attorney
• Bankruptcy filing – the automatic stay stops all collection activity by all creditors instantly

Building a Case Against an Abusive Collector

Successful FDCPA and FCCPA cases are built on careful documentation. We typically ask clients to:

• Keep a written log of every call – date, time, number, and what was said
• Save every voicemail, text message, and letter
• Obtain phone records showing the volume and timing of calls
• Identify any third parties who received calls about the debt
• Preserve evidence of any work disruption or specific damages

Common Scenarios We Handle

• Continued calls after written request to stop
• Calls to family members, neighbors, or employers
• False threats of arrest or wage garnishment
• Collection of debts not actually owed (mistaken identity, paid debts, time-barred debts)
• Sewer service and default judgments by debt buyers
• Robocall violations under the TCPA
• Florida's "debt-collection harassment by communication" provisions in Section 559.72, Florida Statutes

Schedule a Consultation

If a debt collector has crossed the line – or if you simply want the calls to stop – call 786-522-1411 or email email@attorneygoodwin.com. Most FDCPA and FCCPA cases are handled on a contingent or fee-shifted basis, meaning you do not pay attorney's fees out of pocket if we recover.