How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30384
Experience:  Lawyer
Type Your Legal Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

I was told there is a Florida law that if a company calls

Customer Question

I was told there is a Florida law that if a company calls you and harasses you to pay them on the phone now that they are wrong and could be finned $1500 for doing so. If this is correct how does one go about handling this.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

Florida has a consumer protection act applying to debt collectors that expands on the protections of the Federal Fair Debt Collection Practices Act. Both of those statutes provide for a consumer to sue for a penalty of up to $1,000 each time a creditor violates the act. See Fl. Stat, Section 559.77 and FDCPA, Section 813. Both statutes prohibit harassing phone calls, but there are specific definitions as to what that means. It's harassing to call someone and threaten violence to get them to pay, "profane, obscene, vulgar, or willfully abusive language", to misrepresent the nature of a debt, to call during certain hours without the consent of the consumer, and things like that. A full list of illegal practice can be found in Fl. Stat., Section 559.72 and FDCPA, Sections 805-808.

Federal law gives consumers a right to send creditors a letter insisting that they cease all communication via phone or letter about the debt. The letter must be sent via certified mail with a return receipt requested. If you send that letter and they call again for any reason other than to say they're going to leave you alone or that they're going to sue, you can sue for $1,000 for violating the FDCPA. Note that the letter does not stop them from suing, but if they acknowledge that they made a mistake, it wouldn't make sense for them to do so. Here is a sample letter:

If you do wind up having to file a lawsuit because they're breaking the law, you can ask that they also be required to pay your attorney's fees, under those statutes.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.

Did you have any other questions about this?