Florida Letter Informing Debt Collector that Debtor is Represented by an Attorney

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Multi-State
Control #:
US-01429BG
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Word; 
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Description

The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. This Act sets forth strict rules regarding communicating with the debtor. If the debtor tells the creditor the name of his attorney, any future contacts must be made with the attorney and not with the debtor.

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FAQ

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of ...

Under this Act (Title VIII of the Consumer Credit Protection Act), third-party debt collectors are prohibited from using deceptive or abusive conduct in the collection of consumer debts incurred for personal, family, or household purposes.

The Fair Debt Collection Practices Act (FDCPA) (15 USC 1692 et seq.), which became effective in March 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices.

Harassment of the debtor by the creditor ? More than 40 percent of all reported FDCPA violations involved incessant phone calls in an attempt to harass the debtor.

The FCCPA prohibits creditors and debt collectors from engaging in abusive, harassing, unfair, fraudulent, deceptive, or misleading practices. Some actions that creditors and debt collectors can't do under the FCCPA include: pretending to be a police officer and acting on behalf of a government agency.

The FCCPA, Florida Statutes §559.55 et seq. (?FCCPA?) and its federal counterpart, Federal Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq. (?FDCPA?) protect consumers from unfair and deceptive debt collection activities and regulate consumer debt collection in Florida.

The FCCPA prohibits creditors and debt collectors from engaging in abusive, harassing, unfair, fraudulent, deceptive, or misleading practices. Some actions that creditors and debt collectors can't do under the FCCPA include: pretending to be a police officer and acting on behalf of a government agency.

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Florida Letter Informing Debt Collector that Debtor is Represented by an Attorney