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Debt Collection

Debt Collection | The Dellutri Law Group Fort Myers, Naples, Port Charlotte Did you know that there are laws that protect you, the consumer from creditors who attempt collect debts unlawfully? Most people are unaware of the protections that they are afforded by consumer laws. While most companies attempt to collect debts owed to them in a polite and professional manner, there are those that disregard the laws that concern their debt collection tactics.

Due to Congressional findings showing that abusive debt collection practices have contributed to a number of personal bankruptcies, marital instability, the loss of many jobs, and invasions of personal privacy the Fair Debt Collection Practices Act (FDCPA) was enacted. In addition to the FDCPA, the State of Florida gives it’s citizens even greater protection under the Florida Consumer Protection Act which allows consumers to recover statutory damages up to $1,000 as well as any actual damages caused by the abusive methods of debt collection.

How can you tell if a creditor is stepping outside of their rights in collecting a debt? Here are a few facts regarding Debt Collection that you should know:

Creditors are allowed to attempt to collect debt from you - if you owe it. However, consumer laws state that creditors are unable to collect on a debt that isn’t legitimately owed. If someone is trying to collect a debt that you do not owe, you have protection under consumer laws to make them stop and potentially file suit against them.

State and federal consumer laws list a number of things that creditors and debt collector are not allowed to do when attempting to collect a debt, which include:

  • Lying to you to coerce you into paying a debt
  • Using of or threatening to use force or violence
  • Contacting you or your family so frequently that it constitutes harassment
  • Calling you either before 8:00 a.m. or after 9:00 p.m.
  • Refusing to identify themselves when calling you
  • Contacting you to collect on a debt if you currently have an attorney representing you on that specific debt.

The consumer protection attorneys here at Dellutri Law Group focus their practing on in Fair Credit Reporting Act law, Fair Debt Collection Practices Act law and most importantly, they are committed to protecting you and your rights.



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