Prohibited Lender Practices
The Florida Consumer Collection Practices Act (FCCPA) prohibits lenders from taking certain actions in trying to collect debts owed to them.
The Act is codified in statutes, § 559.55 to 559.785. Section § 559.72 lists actions that are prohibited and 559.77 provides the civil remedies available to those whose rights have been violated.
For example, 559.72(7) prohibits a lender from willfully making contact with the debtor or his family members to a point that a reasonable person would view that as abuse or harassment. Another example prohibits the practice of pretending to be a law enforcement agent or a representative of any other type of governmental agency.
To view the Act in its entirety, visit Florida Consumer Collection Practices Act.
Federal law also provides a remedy for those that have been wrongfully harassed by lenders trying to collect debts. The Fair Debt Collection Practices Act (FDCPA) can be found in 15 U.S.C. § 1692.
There are very few differences between the two Acts but a claim may be brought under both if the suit is filed in federal court. The FDPCA can be viewed in its entirety at The Fair Debt Collection Practices Act.
An experienced foreclosure or contracts attorney will be able to provide sound guidance on what these laws mean. Contact Wood, Atter, & Wolf P.A. for legal assistance.
