Debt Collection and Your Rights

Orlando Debt Collection and Your Rights Attorney | Orlando Debt Collection and Your Rights | Stop Debt Collector Abuse Now!

Orlando Debt Collection and Your Rights Overview:

• Fair Debt Collection Practices Act
• Top 10 Collector Violations

Orlando Debt Collection and Your Rights Details:

What is the Fair Debt Collection Practices Act?
According to the Fair Debt Collection Practices Act, there are specific guidelines which credit card and debt collection agencies must follow, and tactics which are prohibited by law.

Violations of the Fair Debt Collection Practices Act which are documented and reported may be costly to the companies which have chosen to fail to comply with the acceptable debt collection guidelines.

The Fair Debt Collection Practices Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. However, it does not cover debts you incurred to run a business.

The Top 10 Collector Violations:
The Top 10 collector violations are listed below. Harassing conduct by debt collectors attempting to collect consumer debts is a violation of the law in Orlando, Florida. The following examples are a small sample of the many schemes debt collectors use to harass consumers.

1. Harassment – Debt collectors abuse consumers in many ways. Common examples of harassing conduct include numerous daily phone calls to alleged debtors, their family and friends, calling on back to back days, repeated calls with no messages, hang-ups.
2. Collecting debts not owed –This includes any “fees”, such as late fees when alleged debtor is not late, penalties, higher interest rates, attorney fees, costs or any miscellaneous fees.
3. Threats – Creating a “false sense of urgency” or suggesting arrest, criminal prosecution, jail, repossession of all the alleged debtors property, garnishing wages, or ruining credit.
4. Calls at work – Phone calls to the workplace can and do cause many serious problems, which is why debt collectors make the calls. This is a violation.
5. Contacting 3rd Parties – Any outside contact is a violation of the law.
6. Written Notice – Debt collectors must send a written notice stating the amount of the debt, the creditor to whom the debt is owed, and a statement that the debtor has 30 days to in writing dispute the debt.
7. Proof of debts – Debt collectors are required by federal law to send “verification and validation” of a debt when the alleged debtor in writing disputes the debt within 30 days of a debt collector’s first contact.
8. Cease and Desist - Any and all communications, including telephone calls and letters, must immediately stop once a debt collector receives a “cease and desist” letter.
9. No “Mini-Miranda”– In the initial communication, the debt collectors must state "This is an attempt to collect a debt and any information will be used for that purpose." In every conversation, message, or letter they must state they are a debt collector.
10. Contact after attorney representation – Once a collector is told an individual is represented by all conversations, messages, letters or any other communication must immediately stop.

Contact us at our Orlando office to make an appointment for a free consultation. If you'd like further information about your rights call 407-647-8833.



BAKER LAW, PL serves the Central Florida and seven-county Orlando area, including the cities of Sanford, Lakeland, Lady Lake, Kissimmee, Maitland, Lake Mary, Oviedo, Winter Garden, Winter Park, Windermere, Lake Nona, Apopka, Mount Dora, Winter Springs, Longwood, Orlando, North Orlando, South Orlando, East Orlando, West Orlando, Melbourne, Titusville, Cape Canaveral, Daytona Beach and New Smyrna Beach, and the counties of Orange, Seminole, Lake, Polk, Brevard, Volusia and Osceola.