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Consumer Protection · Florida

Debt Collector Harassment in Florida — Stop the Calls and Get Paid

Florida consumers are protected by the federal Fair Debt Collection Practices Act (FDCPA, 15 U.S.C. § 1692) AND the Florida Consumer Collection Practices Act (FCCPA, Fla. Stat. ch. 559). Each violation can produce up to $1,000 in statutory damages plus actual damages plus attorney fees. Bankruptcy adds the permanent discharge injunction (11 U.S.C. § 524) so the collector can never call again.

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Document every violation. Save voicemails, screenshot text messages, log every call (date, time, name, number). Each call after a written cease-and-desist, each call to your workplace after notice, each false statement, each threat of arrest or wage seizure — that's a separate violation. Damages stack quickly. Statute of limitations is 1 year under FDCPA and 2 years under FCCPA.

Quick answer: Yes — you can stop Florida debt collector harassment AND recover damages. Two paths overlap: (1) consumer protection lawsuit for actual damages, $1,000 statutory damages per FDCPA case, $1,000 statutory damages PER VIOLATION under Florida's FCCPA, plus attorney fees paid by the collector; (2) bankruptcy filing which triggers the automatic stay and ultimately the discharge injunction — permanently silencing collectors on the underlying debt. The two paths can run in parallel: file a consumer-protection suit for past violations, file bankruptcy to discharge the debt going forward. Attorney Fraser handles both.

Two Tools to Stop Florida Collector Harassment

FDCPA / FCCPA Lawsuit — Get Paid

The FDCPA prohibits abusive collector conduct: calls before 8am or after 9pm, calls to your workplace after notice, contact after written cease-and-desist, threats, false statements, contacting third parties, harassing repeat calls.

Federal FDCPA: up to $1,000 statutory + actual damages + attorney fees.
Florida FCCPA: up to $1,000 per violation + actual damages + attorney fees.
The collector pays attorney fees if you win — representation is generally no-cost-to-you.

Bankruptcy — Permanent Silence

Filing bankruptcy triggers the automatic stay (11 U.S.C. § 362) which halts ALL collection contact instantly. Notice goes to every listed creditor. After discharge, the discharge injunction (11 U.S.C. § 524) permanently bars any contact about the discharged debt — forever.

Continued collection after discharge is contempt of court. The bankruptcy court can impose sanctions, damages, and attorney fees against violating collectors.

How to Stop the Calls — Step by Step

1

Document everything (start today)

Save voicemails. Screenshot texts. Log calls in a notebook (date, time, name, number, what they said). Save written demand letters and envelope postmarks.

2

Send written cease-and-desist (optional but useful)

Under FDCPA § 805(c), once a collector receives written notice to stop contact, they may only contact you to acknowledge receipt or notify you of legal action. Subsequent calls are violations.

3

Free consultation (1-2 business days)

By phone or Zoom. We review documentation, count violations, identify the strongest claims, and recommend FDCPA/FCCPA suit, bankruptcy, or both.

4

FDCPA / FCCPA suit filed (if applicable)

Filed in federal court for FDCPA, state or federal for FCCPA. Many cases settle within 60-120 days for $2,000-$10,000+ depending on violation count.

5

Bankruptcy petition filed (if dischargeable debt remains)

Automatic stay activates instantly. ALL listed creditors must stop contact.

6

Discharge injunction (4-6 months Ch. 7 or 3-5 years Ch. 13)

Permanent. Any future contact about discharged debt is contempt of bankruptcy court.

Frequently Asked Questions

What counts as illegal debt collector harassment in Florida?
FDCPA-prohibited conduct includes: calls before 8am or after 9pm in your time zone; calls to your workplace after the collector knows your employer prohibits such calls; contact after a written cease-and-desist; false threats (arrest, lawsuit they don't intend to file, wage seizure they can't accomplish); misrepresenting the amount owed; contacting third parties (relatives, neighbors) about the debt; using profane language; repeated calls intended to annoy. Florida's FCCPA adds: threatening force, threatening to disclose to family or employer, threatening criminal prosecution, communicating in a manner intended to embarrass.
How much can I recover for debt collector harassment in Florida?
Federal FDCPA: up to $1,000 in statutory damages per case + actual damages (lost wages, emotional distress) + attorney fees and costs. Florida FCCPA: up to $1,000 in statutory damages PER VIOLATION + actual damages + attorney fees. Florida's per-violation rule means a 30-call abusive campaign could yield $30,000+ in statutory damages alone. Most cases settle for $2,000-$10,000 plus attorney fees paid separately by the collector.
Will the collector retaliate if I sue them under FDCPA?
Retaliation is itself an FDCPA violation. Most professional collectors settle quickly because (1) attorney fees stack against them; (2) statutory damages are predictable; (3) they want the matter closed before more violations accrue. Smaller debt buyers and rogue collectors are the worst actors and the most willing to settle once a complaint is filed. The lawyer-paid-by-collector model means there's no out-of-pocket cost to you.
Can a debt collector call my family or employer in Florida?
Generally no. FDCPA § 805 limits third-party contact to address/employment verification only — and only once per third party. The collector cannot reveal that you owe a debt. FDCPA § 806 prohibits harassment of any person via repeat calls or abusive language. Workplace calls after notice that your employer prohibits them is a violation. If a collector talks to a family member about your debt, that's typically multiple violations (privacy, third-party contact, often false statements).
Can I both sue under FDCPA and file bankruptcy?
Yes — they're complementary tools. The FDCPA/FCCPA suit recovers damages for past violations. Bankruptcy discharges the underlying debt going forward. Many Florida consumers do both: settle the FDCPA case for cash, then file bankruptcy to wipe out the underlying debt and any other unsecured creditors.
How long after harassment do I have to file an FDCPA lawsuit in Florida?
FDCPA statute of limitations is 1 year from the violation date (15 U.S.C. § 1692k(d)). Florida FCCPA is 2 years from the date of last violation. Continuing-violation theory may extend these periods if the collector's pattern is ongoing. Don't wait — gather documentation now and file before the limitations run.

Stop the Harassment Now — Free Consultation

Bring documentation: call logs, voicemails, texts, demand letters. We'll identify your strongest claims and recommend FDCPA/FCCPA suit, bankruptcy, or both.

📞 877-862-7188 Schedule Consultation