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May, 2014

Debt Collector Communications Under the Fair Debt Collection Practices Act (“FDCPA” or the “Act”)

May 19th, 2014

Posted in Asset Protection,Bankruptcy Information,Business Law,General Practice,IRS & Tax Information

The FDCPA was developed in part to help prevent abusive practices in debt collection and to allow consumers the opportunity to dispute the validity of a debt.  The FDCPA applies when a debt collector attempts to communicate with a consumer debtor.  While the initial communications may not violate the Act, generally, the Act prohibits further communication when the debtor notifies the debt collector that he or she is requesting more information on the debt or disputes the debt.  The Act will typically apply to communications the collector may have regarding the location of the debtor and communications between third parties or the debtor regarding the debt collection.  The debts subject to this Act are generally those incurred by a consumer primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.  Florida adopted the Consumer Collection Practices Act (“FCCPA”) which acts to supplement the FDCPA.  The FCCPA also protects debtors from a debt collector’s abusive collection practices but, unlike the FDCPA, the FCCPA also applies to the original creditor.  As always, you should consult with a Florida licensed attorney who may be able to help protect you from improper collection efforts.

See 15 U.S.C. §1692 (a)-(p); see also, §§559.55-559.785, Fla. Stat.

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