Are you receiving calls or collection letters from creditors or debt collectors? If so, do not feel bad. You are not alone. Almost everyone in the United States has some form of debt, whether it is through a home mortgage, credit cards, student loans, a car loan, or medical bills.
At some point in life, it is almost inevitable to fall behind or forget about paying one of your debts. For example, do you make your mortgage payment on the first of the month? No? Many banks will begin to call you in an attempt to collect the mortgage payment after the first of the month even though the majority of home mortgages allow for a 14-day grace period to make the payment. In many cases, these calls are illegal.
There are laws that apply to what a creditor and debt collector can and cannot do legally in attempting to collect a debt in Florida. The first is a federal statute named the Fair Debt Collection Practices Act (“FDCPA”). The second federal statute is named the Telephone Consumer Protection Act (‘TCPA”). The last one is a state statute known as the Florida Consumer Collection Practices Act (“FCCPA”).
These laws are not just “cease and desist” laws, they actually give consumers standing to sue creditors and debt collectors when they cross the line by attempting to collect a debt from you either through harassing phone calls or collection letters.
There are three mains statutes that protect consumers from creditor harassment and other unfair debt collection practices:
FDCPA – If a debt collector violates the FDCPA, a consumer is entitled up to $1,000 in statutory damages, and any actual damages. In addition, the debt collector is responsible for the consumer’s attorneys’ fees. Therefore, a consumer will NEVER have any out-of-pocket expenses.
FCCPA – If an original creditor or debt collector violates the FCCPA, a consumer is entitled up to $1,000 in statutory damages, actual damages, and punitive damages. In addition, the person is responsible for the consumer’s attorneys’ fees. Again, a consumer will NEVER have any out-of-pocket expenses.
TCPA – If an original creditor or debt collector violates the TCPA, a consumer is entitled to $500 to $1,500 per call.
Unfortunately, the majority of people are unaware there are laws that protect consumers from unfair debt collection practices. Further, these laws mandate attorneys’ fees shall be paid for by the debt collector or creditor if they are found in violation of the FDCPA or FCCPA.
In other words, a consumer will NEVER have to pay Shamis & Gentile, P.A. for attorneys’ fees or any out-of-pocket expenses.
Anyone who finds themselves being harassed by a creditor or debt collector should contact Shamis & Gentile at their Miami Law Firm by calling 305-479-2299 or by completing the form on this page. Call or click today and get the creditors out of the way.