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.
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
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.
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.
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.
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.
Bankruptcy petition filed (if dischargeable debt remains)
Automatic stay activates instantly. ALL listed creditors must stop contact.
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?
How much can I recover for debt collector harassment in Florida?
Will the collector retaliate if I sue them under FDCPA?
Can a debt collector call my family or employer in Florida?
Can I both sue under FDCPA and file bankruptcy?
How long after harassment do I have to file an FDCPA lawsuit in Florida?
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.