When a consumer gets behind on paying his bills, he will likely begin receiving calls from his creditors asking when they can expect to be paid. It is a tense situation made even more stressful when a consumer worries that his creditors may contact his employer.
Contacting Your Employer
According to Florida Statutes sections 559.55 to 559.785, which deal with debt collection agencies and creditors, a debt collector cannot contact your employer unless you do one of two things. You must either verify to him that the debt is yours to pay or you must give him written permission to contact your employer.
Other Things They Can't Do
Among the other things Florida law says a debt collector can't do is to pretend he's a police officer or agent of the government. He can't threaten you with force or tell you that he's going to tell other people and hurt your reputation, and he can't call you or your family to point of harassment.
The law prohibits a debt collector from using profane language with you, trying to collect a debt that he knows is not yours and sending you documents that are made to appear to be legal documents but are not. He can't pretend to be an attorney or threaten to sell and advertise your debt to someone else. A debt collector can't refuse to identify himself, can't contact you via postcard or in an envelope that indicates that it's from a collection agency, and cannot contact you after you've notified him that you're represented by an attorney. Florida law also protects you from debt collectors who would try to trick you into paying for a collect call or telegram and makes it clear that collectors can call you only between 8 a.m. and 9 p.m. unless you have specifically asked to be called at another time.
Right to Sue
According to Florida law, you have the right to sue a debt collection agency if it violates any Florida statutes regarding the collection of debt. Not only can a successful lawsuit result in an award of actual damages or $1,000, whichever amount is higher, but you will also be paid for attorney fees and the judge has the latitude to award punitive damages. You can also sue a debt collection agency for violating the Fair Debt Collection Practices Act.
Make a Report
If you have been the victim of fair debt practices, file a complaint with the Florida Attorney General's Office. The office will often gather information through these complaints to file suit against offending debt collection agencies.
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