Business Law 101 / Know Your Rights Against Debt Collectors
By Albert L. Kelley
In today’s world, many people get caught up in credit and find themselves heavily in debt. Even here there are laws that protect the consumer. The Florida Statutes have provisions that prevent creditors from taking certain actions to collect debts. It is important to know your rights as some less reputable credit collection agencies are known for violating them. Creditors or collection agents working for the creditor may not do any of the following:
(1) Simulate a law enforcement officer or representative of any government agency;
(2) Use or threaten force or violence;
(3) Tell a debtor that he will disclose to another information affecting the debtor’s reputation for credit worthiness without also informing the debtor that the existence of the dispute will also be disclosed as required by subsection (6);
(4) Communicate or threaten to communicate with a debtor’s employer prior to obtaining final judgment against the debtor;
(5) Disclose to a person other than the debtor or his family information affecting the debtor’s reputation;
(6) Disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing that fact;
(7) Willfully communicate with the debtor or any member of his family with such frequency as can reasonably be expected to harass to debtor or his family, or willfully engage in other conduct which can be reasonably be expected to abuse or harass the debtor or any member of his family;
(8) Use profane, obscene, vulgar, or willfully abusive language in communicating with the debtor or any member of his family;
(9) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate;
(10) Use a communication which simulates in any manner legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, governmental agency, or attorney at law, when it is not;
(11) Communicate with a debtor under the guise of an attorney by using the stationary of an attorney or forms or instruments which only attorneys are authorized to prepare;
(12) Orally communicate with a debtor in such a manner as to give the false impression or appearance that such person is or is associated with an attorney;
(13) Advertise or threaten to advertise for sale any debt as a means to enforce payment;
(14) Publish or post or threaten to post before general public individual names or any list of names of debtors, commonly known as a deadbeat list;
(15) Refuse to provide adequate identification of himself or his employer or other entity whom he represents when requested to do so by a debtor;
(16) Mail any communication to a debtor in an envelope or postcard with words typed, written, or printed on the outside of the envelope or postcard calculated to embarrass the debtor. An example of this would be an envelope addressed to “Deadbeat, John Doe”; or
(17) Communicate with the debtor between the hours of 9 p.m. and 8 a.m. in the debtor’s time zone without the prior consent of the debtor.
(18) Communicate with the debtor if they know the debtor is represented by legal counsel and the creditor knows or can readily ascertain the attorney’s name and address.
(19) Cause the debtor to be charged for the collection efforts, such as collect phone calls
If a creditor violates this law, the debtor may sue the creditor and recover either their actual damages or $1,000, whichever is greater, along with legal fees and costs.
Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University. He is also the author of “Basics of Business Law” and “Basics of Florida’s Small Claims Court” (Absolutely Amazing e-Books). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.
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