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.

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.