OFFENDING PARTY A DEBT COLLECTOR? MUST BE A DEBT COLLECTOR AND NOT ORIGINAL CREDITOR COLLECTING DEBT.
DID DEBT COLLECTOR IDENTIFY HIMSELF AS A DEBT COLLECTOR?
WAS DEBT A CONSUMER DEBT TRANSACTION?
INCLUDES BAD CHECKS, CONDO ASSESSMENT FEES, RESIDENTIAL RENTAL PAYMENTS, MUNICIPAL WATER SERVICE, REPOSSESSIONS
EXCLUDES CHILD SUPPORT, TORT CLAIMS, AND PERSONAL TAXES
VALIDITY OF DEBT IRRELEVANT
FAIR DEBT COLLECTION PRACTICES ACT – FEDERAL LAW [15 USC 1692]. STRICT LIABILITY STATUTE, STATUTORY DAMAGES UP TO $1,000 PER VIOLATION. ACTUAL DAMAGES ALSO. REASONABLE ATTORNEY FEES. ONE YEAR STATUTE OF LIMITATIONS.
FLORIDA CONSUMER COLLECTION PRACTICES ACT—FLORIDA STATUTE [SECTION 559]. SECTION 559.72 PROHIBITED PRACTICES GENERALLY, SIMILAR TO FDCPA. TWO YEAR STATUTE OF LIMITATION. IN ADDITION TO STATUTORY DAMAGES OF UP TO $1,000 PER VIOLATION, AND ACTUAL DAMAGES, PLAINTIFF MAY SEEK PUNITIVE DAMAGES AND EQUITABLE RELIEF.
PROHIBITED CONDUCT
**UNUSUAL OR INCONVENIENT TIMES – BEFORE 8 AM AFTER 9 PM
**PLACE OF EMPLOYMENT – EXPRESS SUCH CALLS NOT INVITED BY EMPLOYER OR DEBTOR
**DEBTOR IS REPRESENTED BY AN ATTORNEY
**WRITTEN COMMUNICATION DEBTOR REFUSES TO PAY OR CEASES COMMUNICATION
**ALL ABUSIVE, FALSE, AND UNFAIR COLLECTION PRACTICES
**UNCOLLECTIBLE DEBTS – THREATENING ACTION THAT CANNOT LEGALLY BE TAKEN
**FAILURE TO REPORT TO CREDIT BUREAU KNOWN DISPUTED DEBT IS DISPUTED
**THREATENING LEGAL ACTION – WHEN DEBT COLLECTOR’S POWERS LIMITED TO PHONE CALLS
**ATTEMPT TO COLLECT AMOUNTS NOT EXPRESSLY AUTHORIZED BY AGREEMENT CREATING DEBT OR
PERMITTED BY LAW
**CREATING FALSE SENSE OF URGENCY
**USING PROFANE OR OBSCENE LANGUAGE
**FALSE REPRESENTATIONS—INCLUDES DECEPTION, SIMULATING JUDICIAL OR OFFICIAL DOCUMENTS, COLLECTING
TIME-BARRED ACCOUNTS
**AFFIRMATIVE DISCLOSURE REQUIREMENTS—IN THE INITIAL COMMUNICATION OR WITHIN FIVE DAYS AFTER INITIAL COMMUNICATION MUST DISCLOSE “THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND THAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE” AND “COMMUNICATION IS BY A DEBT COLLECTOR.” MUST DISCLOSE IN WRITING: (1) AMOUNT OF THE DEBT; (2) NAME OF CREDITOR; (3) STATEMENT THAT UNLESS CONSUMER WITHIN 30 DAYS OF NOTICE DISPUTES THE DEBT, DEBT WILL BE ASSUMED TO BE VALID; (4) STATEMENT THAT IF CONSUMER NOTIFIES IN WRITING WITHIN 30 DAYS OF DISPUTE OF DEBT, COLLECTOR WILL OBTAIN VERIFICATION; (5) UPON WRITTEN REQUEST WITHIN 30 DAY PERIOD, COLLECTOR WILL PROVIDE CONSUMER NAME AND ADDRESS OF ORIGINAL CREDITOR IF DIFFERENT FROM CURRENT CREDITOR
**ATTORNEYS – ATTORNEYS SENDING DUNNING LETTERS MUST BE DIRECTLY AND PERSONALLY INVOLVED IN THE MAILING
PERSONALLY INVOLVED IN FILE; COLLECTION ACTIONS WITHIN VENUE WHERE CONSUMER
RESIDES OR SIGNED CONTRACT
Image credit: antonioguillem
