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COMMON QUESTIONS REGARDING DEBT COLLECTION

The Comptroller is responsible for regulating consumer collection agencies in Florida under Chapter 559 of the Florida Statutes. In addition, the Office maintains a toll-free hotline for Florida residents with questions concerning financial matters. A great percentage of the calls involve debt collection practices—including harassing phone calls. The following are some common questions and answers concerning consumer rights and responsibilities.

Q. What is a collection agency?
A. A collection agency is a debt collector, other than the creditor, who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.

Q. Can I stop collection agencies from calling?
A. First, you must determine who is calling. If the collector represents the company to whom the debt is owed (the creditor), they are allowed to call you at home and at work. However, if the caller represents a collection agency hired to collect the debt, they are a third-party debt collector and must comply with the federal Fair Debt Collection Practices Act (FDCPA), which is much more restrictive. Under the FDCPA, collection agencies may contact you by mail, phone, telegram, or fax, but they may not contact you at unreasonable times, such as before 8 a.m. or after 9 p.m., and they can't call you at work if you have told them your employer disapproves.

Q. What steps can I take to stop the calls?
A. You can send a certified letter to the collection agency asking them to stop. Once they receive your letter, they cannot call you, except to notify you that there will be no further contact. You can also request that they only contact your attorney.

Q. Can a debt collector tell anyone else about my debt?
A. If you have an attorney, they may not contact anyone other than the attorney. If you do not have an attorney, a collector may contact others, but only to find out where you live and work. They are not allowed to discuss the debt, or the nature of the call.

Q. Are there any limits to the actions that a debt collector can take?
A. Collection agencies are prohibited from several kinds of abusive practices, including:
Harassment, such as:
Threatening violence or harm against you, your property, or your reputation.
Using profane language.
Calling more than once a day.
Phoning without identifying themselves.
Sending postcards.
Addressing correspondence with derogatory terms such as "Deadbeat Joe."

False statements, such as:

Implying that they are attorneys or government representatives.
Implying that you have committed a crime.
Representing themselves as employees of a credit bureau.
Misrepresenting the amount of your debt.
Saying that you will be arrested if you do not pay your debt.
Saying they will garnish, attach, or sell your property or wages, unless the agency or creditor intends to do so and has taken legal action to do so.
Threatening to take action, such as a lawsuit, which may not be legally taken, or which they do not intend to take.
Threatening to file a report with a credit bureau - only the owner of the debt can file against consumers.

Unfair practices, such as:

Collecting an amount greater than what you owe, unless allowed by law.
Depositing a post-dated check prematurely.
Threaten to take your property unless this can be done legally.

Q. Where can I report abusive practices?
A. The Comptroller's Office maintains a toll-free hotline at 1-800-848-3792 where consumers can get more information and report suspected abuse. Also, you can contact the Federal Trade Commission, which administers the Fair Debt Collection Practices Act at 1-877-382-4357 or write them at Correspondence Branch, Federal Trade Commission, Washington, D.C., 20580.


January 30, 1998
For Immediate Release #04-98
Contact: Jim Richardson
(904) 488-0286

Office of the Comptroller • Department of Banking and Finance • State of Florida
Tallahassee, FL 32399-0350 • (904) 488-0286 • Fax: (904) 921-7243

Offices: Miami (305) 377-5213 Ft. Lauderdale (954) 712-4800
Jacksonville (904) 390-4660 West Palm Beach (407) 837-5054
Pensacola (904) 494-7380 Tampa (813) 272-2565
Orlando (407) 245-0760 Tallahassee (904) 487-2904

 

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