Florida Credit Protection Laws

The federal Fair Debt Collection Practices Act regulates ways in which debt collectors can collect money that consumers owe. In Florida, the state's Department of Financial Services' Division of Consumer Services enforces regulations governing fair debt collection practices. The Division of Consumer Services tracks consumers' complaints against debt collectors and punishes collection agencies that violate the laws.

Proof of Debt

A collector can contact a consumer who is behind on payments for credit cards, medical bills mortgages or other debts. The collector must provide written proof of the debt, or a "validation notice," within five days of first contacting the consumer. The consumer may then contest the validity of the debt in a written letter to the collector within 30 days. The collector may resume contact and correspondence after providing proof of the debt in writing. The consumer can still request the collector to cease contact through writing but the collector will be allowed to notify the consumer in advance of a specific action regarding the debt, such as initiating a lawsuit to pursue its collection.

Permissible Contact

The collector may contact a consumer by fax, email, telephone call or mail but must not inundate her to the point of harassment. Nor may a collector contact her before 8 a.m. or after 9 p.m., or reach her at work, without her permission.

Prohibited Statements

The collector may not threaten to hurt a consumer, use profanity or publicly expose his debt. Florida credit protection laws also prohibit the collector from using "false statements," such as identifying himself as an attorney, stating that the consumer owes more than she does or threatening her with arrest if she does not pay. Falsely claiming abilities to collect the debt through wage garnishment, property seizure or a lawsuit without legal standing also is prohibited.

Collection Methods

The collector may not collect any amounts that are not permitted by contract or law. Nor may the collector deposit a post-dated check prior to the approved date. In Florida, the collector may sue to collect an open-ended debt, such as a credit card bill, for up to five years. If the collector wins a lawsuit, the court may allow the creditor to garnish the consumer's wages. Federal benefits such as Social Security payments are typically exempted from garnishment.

Complaints

In Florida, a consumer may file a complaint against a collection agency with the Division of Consumer Services. The division tracks overall complaints and sanctions individual collectors as appropriate. A collector who receives five or more written complaints from consumers within 12 months may be subjected to regulatory action. The collector is entitled to an administrative hearing prior to any final enforcement action.