Over 20 Combined Years Of Experience

Fight Back Against Unfair Debt Collection Practices In Florida

At Light & Gonzalez, PLLC, our lawyers are ready to represent you in stopping abusive debt collection practices and to get you compensated for any harm those practices have caused you or your family. Whether it is the servicer of your mortgage foreclosure loan or any other debt collector, we will investigate debt collection activity that is interfering with your life. Both federal and Florida statutes provide remedies for debtors who have been victims of unfair debt collection practices.

Contact the experienced debt collection lawyers at Light & Gonzalez, PLLC, to request a free consultation. Our attorneys will talk to you and find out whether you may have an unfair debt collection practice claim. We are available for consultation in Broward County and will handle any matter in Broward, Miami-Dade or Palm Beach counties.

Can I Protect Myself From Unfair Debt Collection?

Unfair debt collection practices can be overwhelming for individuals and families facing financial challenges. When you are dealing with mounting credit card debt, foreclosure or job loss, the last thing you need is relentless harassment from debt collectors at all hours. Recognizing the distress caused by aggressive collection tactics, Congress and many state legislatures, including Florida, have enacted consumer protection laws to shield you from abusive practices.

Our compassionate debt collection lawyers understand the stress you are under. We stand ready to take action against creditors or debt collectors who use unfair practices.

Safeguarding Your Rights Under Federal And State Debt Collection Statutes

Federal and state laws clearly outline what debt collectors can and cannot do when collecting a debt. These laws also provide important protections for borrowers when collectors overstep these boundaries. Unfortunately, despite these regulations, some debt collectors continue to use prohibited practices in their collection efforts.

That is why we offer free consultations in Plantation. From the moment you decide to work with us, we will carefully review your situation, investigate any potential claims, and, if necessary, take legal action against debt collectors who have violated your rights under state or federal laws.

Harnessing The FDCPA Against Abusive Collection Practices

The Fair Debt Collection Practices Act (FDCPA) is a federal statute prohibiting debt collectors from engaging in certain debt collection activities. While the list of potential violations is extensive, here are some key examples of what debt collectors are not allowed to do under the FDCPA:

  • A debt collector cannot ask you to pay more than you owe.
  • A debt collector cannot tack on extra fees that are not expressly allowed under your agreement with the original creditor.
  • A debt collector cannot call you incessantly; this is considered harassment.
  • A debt collector cannot use obscene language when speaking with you.
  • A debt collector is prohibited from making calls outside the hours of 8:00 am to 9:00 pm in your local time.
  • A debt collector cannot call at times when they know it is inconvenient for you.
  • A debt collector cannot use or threaten to use violence against you.
  • A debt collector cannot threaten an action they cannot legally take, such as when they cannot legally file a lawsuit.
  • A debt collector cannot inform certain third parties about your alleged debt.
  • A debt collector cannot contact you at work once you have told them your employer does not allow these calls.
  • A debt collector cannot continue collection attempts after receiving a cease communication notice.

How We Fight Unfair Debt Collection In Florida

If you have experienced any unfair practices from a debt collector, we encourage you to reach out to us. Our qualified attorneys, well-versed in both the FDCPA and South Florida unfair debt collection laws, are here to help investigate your potential legal claim.

As experienced debt collection lawyers in Plantation, we can assist you in bringing federal claims against debt collectors right here in Florida. We understand the stress you may be under, and our goal is to protect your rights and help you seek justice.

An FDCPA claim can arise in various contexts, including during mortgage foreclosure actions or credit card disputes. Often, these claims stem from issues such as poor record-keeping or miscommunication between creditors and debt collectors regarding the status of an alleged debt.

In some cases, debt collectors may attempt to collect on debts that the original creditor has already forgiven. For instance, they might claim you owe an amount on a loan that is no longer valid because a foreclosure action was dismissed. These situations can be confusing and stressful for you as a consumer.

Leveraging The FCCPA To Combat Unfair Debt Collection

The Florida Consumer Collection Practices Act (FCCPA), similar to the federal Fair Debt Collection Practices Act (FDCPA), protects Florida citizens from abusive debt collection practices.

However, the FCCPA offers some additional benefits. It has a more generous statute of limitations and also applies restrictions to creditors, not just third-party debt collectors. These distinctions are crucial, as they mean the FCCPA may provide grounds for a claim even when the FDCPA does not. The FCCPA closely mirrors the language of the FDCPA, so the list of violations we discussed earlier for FDCPA claims also applies to the FCCPA.

If you believe you have been subjected to abusive debt collection practices by a creditor or debt collector, we are here to help. Our unfair debt collection attorneys can evaluate your situation and determine if you have a potential FCCPA claim.

TCPA: Your Shield Against Intrusive Phone Practices

The Telephone Consumer Protection Act (TCPA) is a vital safeguard for individuals and families, shielding them from the stress and annoyance of harassing robo-calls or prerecorded messages. Unfortunately, when a debt is sold to a debt collector, it is not uncommon for individuals and families to receive a flood of calls to their homes and cellphones, all in an attempt to collect debts. In certain situations, these phone calls may violate the TCPA, providing a legal basis for action against the party making the calls. Consumers may receive up to $500 in damages for each illegal phone call they receive.

Let Our Debt Collection Attorneys Help You With Your Financial Challenges Today

Whether you want to settle your debts or seek damages for abusive practices by debt collectors, we commit to providing the legal support you need. Call us at 754-778-9911 or reach out to us through our online form. We are here to guide you through this challenging time with empathy and dedication.